ANZ Law Catalogue 2022 - 2023

Contents Comparative Law Constitutional, Administrative & Public Law Contract Law Corporate & Commercial Law/Corporate Governance Criminal Law Criminology Dispute Resolution, Mediation and Arbitration Economic Law Employment Law Energy Law Environmental Law Equity & Trusts Evidence Law Family Law Health Law Intellectual Property Law International Economic & Trade Law/WTO Law International Human Rights Law Introduction to Law Jurisprudence Law of Armed Conflict Legal Ethics Private Law Property Law Public International Law Statutory Law Taxation Law Technology Law Tort Law Transnational Law

Guide When viewing online, click on this button to request an inspection copy: Request an inspection copy

New title available

Companion resources

NEW

Published locally

VitalSource interactive eBook included

NEW NEW

NEW

NEW NEW NEW

NEW

NEW NEW NEW NEW NEW

NEW

7 7 12 15 19 22 24 29 29 31 32 33 35 36 36 37 38 39 42 43 43 45 46 48 49 54 55 56 57 58

ggG gG G gG gG New locally published titles

NEY is a Lecturer in Humanities Education f South Australia and the Manager for ts in the South Australian Department

This text examines the core Geography concepts of place, space, environment, interconnection, scale, change and sustainability. It covers fundamental geographical knowledge and skills, such as working with data, graphicacy, fieldwork and spatial technology, and provides practical guidance on teaching them in the classroom. Each chapter features short-answer and ‘Pause and Think’ questions to enhance understanding of key concepts, and ‘Bringing It Together’ review questions to consolidate learning. Classroom scenarios and a range of information boxes are provided throughout to connect students to additional material.

Written by an author team with extensive teaching experience, Teaching Secondary Geography is an exemplary resource for pre-service teachers.

MALCOLM MCINERNEY is a Lecturer in Humanities Education at the University of South Australia and the Manager for Humanities Projects in the South Australian Department for Education.

(recently retired) taught Geography in high rs followed by 6 years teaching Geography h University.

a casual academic tutoring in HaSS for cation, University of South Australia.

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

Resources for instructors include PowerPoints for each chapter.

JOHN BUTLER OAM teaches methodology and curriculum to future teachers of Geography at Flinders University.

This text examines the core Geography concepts of place, space, environment, interconnection, scale, change and sustainability. It covers fundamental geographical knowledge and skills, such as working with data, graphicacy, fieldwork and spatial technology, and provides practical guidance on teaching them in the classroom. Each chapter features short-answer and ‘Pause and Think’ questions to enhance understanding of key concepts, and ‘Bringing It Together’ review questions to consolidate learning. Classroom scenarios and a range of information boxes are provided throughout to connect students to additional material.

Written by an author team with extensive teaching experience, Teaching Secondary Geography is an exemplary resource for pre-service teachers.

MALCOLM MCINERNEY is a Lecturer in Humanities Education at the University of South Australia and the Manager for Humanities Projects in the South Australian Department for Education.

SUSAN CALDIS is a PhD candidate and sessional academic in the Macquarie School of Education at Macquarie University.

JOHN BUTLER OAM teaches methodology and curriculum to future teachers of Geography at Flinders University.

Bannister TEACHING et al.

SECONDARY GEOGRAPHY

STEPHEN CRANBY (recently retired) taught Geography in high schools for 30 years followed by 6 years teaching Geography Method at Monash University.

SUSANNE JONES is a casual academic tutoring in HaSS for the School of Education, University of South Australia.

BannisterSECONDARY et al.

GEOGRAPHY

SUSANNE JONES is a casual academic tutoring in HaSS for the School of Education, University of South Australia.

MICK LAW is a geography teacher with a passion for embedding geospatial and other digital tools in his teaching and learning.

MICK LAW is a geography teacher with a passion for embedding geospatial and other digital tools in his teaching and learning.

ALARIC MAUDE is a retired Associate Professor of Geography, affiliated with Flinders University in Adelaide.

ALARIC MAUDE is a retired Associate Professor of Geography, affiliated with Flinders University in Adelaide.

S <bio to come>

REBECCA NICHOLAS <bio to come>

ty Images/amnarj2006

Cover image: © Getty Images/amnarj2006

TEACHING SECONDARY GEOGRAPHY

only the study of the surface of the ploration of spatial and human–environment also a way of thinking about the world. Guided Curriculum and the Professional Standards ool Geography (GEOGstandards), Teaching aphy provides a comprehensive introduction to nd practice of teaching Geography.

es the core Geography concepts of place, ent, interconnection, scale, change and covers fundamental geographical knowledge as working with data, graphicacy, fieldwork and y, and provides practical guidance on teaching sroom. Each chapter features short-answer Think’ questions to enhance understanding and ‘Bringing It Together’ review questions arning. Classroom scenarios and a range of s are provided throughout to connect students erial.

hor team with extensive teaching experience, ary Geography is an exemplary resource for ers.

RNEY is a Lecturer in Humanities Education of South Australia and the Manager for cts in the South Australian Department

ONLINE RESOURCES

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

Resources for instructors include PowerPoints for each chapter.

MCINERNEY ET. AL.

M teaches methodology and curriculum to f Geography at Flinders University.

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

REBECCA NICHOLAS <bio to come>

Cover image: © Getty Images/amnarj2006

a PhD candidate and sessional academic School of Education at Macquarie University.

(recently retired) taught Geography in high ars followed by 6 years teaching Geography h University.

s a casual academic tutoring in HaSS for ucation, University of South Australia.

ography teacher with a passion for embedding her digital tools in his teaching and learning.

a retired Associate Professor of Geography, nders University in Adelaide.

Australian Uniform Evidence Law

This text examines the core Geography concepts of place, space, environment, interconnection, scale, change and sustainability. It covers fundamental geographical knowledge and skills, such as working with data, graphicacy, fieldwork and spatial technology, and provides practical guidance on teaching them in the classroom. Each chapter features short-answer and ‘Pause and Think’ questions to enhance understanding of key concepts, and ‘Bringing It Together’ review questions to consolidate learning. Classroom scenarios and a range of information boxes are provided throughout to connect students to additional material.

Second Edition

ONLINE RESOURCES

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

Fiona Hum Gregor Urbas Ottavio Quirico

Written by an author team with extensive teaching experience, Teaching Secondary Geography is an exemplary resource for pre-service teachers.

MALCOLM MCINERNEY is a Lecturer in Humanities Education at the University of South Australia and the Manager for Humanities Projects in the South Australian Department for Education.

JOHN BUTLER OAM teaches methodology and curriculum to future teachers of Geography at Flinders University.

SUSAN CALDIS is a PhD candidate and sessional academic in the Macquarie School of Education at Macquarie University.

STEPHEN CRANBY (recently retired) taught Geography in high schools for 30 years followed by 6 years teaching Geography Method at Monash University.

SUSANNE JONES is a casual academic tutoring in HaSS for the School of Education, University of South Australia.

MICK LAW is a geography teacher with a passion for embedding geospatial and other digital tools in his teaching and learning.

ALARIC MAUDE is a retired Associate Professor of Geography, affiliated with Flinders University in Adelaide.

Resources for instructors include PowerPoints for each chapter.

Remedies Cases and Materials in Australian Private Law presents a selection of cases and legislation to introduce students to the remedies available under Australian law. It offers the depth and context required to understand and analyse the application of private law remedies.

Parker & Evans’s Inside Lawyers’ Ethics Fourth Edition

Developed to accompany the second edition of Remedies in Australian Private Law, and following that book’s accessible and systematic structure, this casebook contains carefully curated extracts from landmark cases, legislation and secondary sources. The selected extracts offer a comprehensive yet concise guide to the application of remedies and cover topics including the Australian Consumer Law, torts, contract, vindicatory damages and coercive remedies.

Each chapter includes clear explanations of topics and links to material in the Principles text, along with flowcharts and diagrams to summarise complex cases and concepts. Review questions throughout each chapter encourage students to analyse decisions from important cases and test their knowledge progressively.

Written by an expert author team, Remedies Cases and Materials in Australian Private Law is an invaluable resource which enables students to understand remedial law and identify appropriate remedial solutions.

Katy Barnett is Professor in the Melbourne Law School at the University of Melbourne.

Kenneth Yin is a lecturer at Edith Cowan University.

Martin Allcock is a lecturer at Edith Cowan University.

Holmes & Bartlett TEACHING SECONDARY GEOGRAPHY

www.cambridge.org/highereducation/isbn/9781108811972/resources Resources for instructors include: • suggested responses to review questions • flowcharts • PowerPoint slides

Cover image: © Getty Images/Ekely

McInerney_Geo_1pp.indd All Pages

Page 35

Cases and Materials in Australian Private Law

Online resources

REBECCA NICHOLAS <bio to come>

Cover image: © Getty Images/amnarj2006

REMEDIES

Barnett Yin Allcock

Images

Geography is not only the study of the surface of the planet and the exploration of spatial and human–environment relationships, but also a way of thinking about the world. Guided by the Australian Curriculum and the Professional Standards for Teaching School Geography (GEOGstandards), Teaching Secondary Geography provides a comprehensive introduction to both the theory and practice of teaching Geography.

Cases and Materials in Australian Private Law

nswers to in-text Putting it all together questions

utting it all together questions with suggested answers.

Second Edition

NT RESOURCES urces for students are available online at e.org/highereducation/isbn/9781009010726/resources

Page 34

Page 31

REMEDIES

rs to in-text Putting it all together questions

g it all together questions with suggested answers.

Page 33

2/5/21 10:52 pm

MCINERNEY ET. AL.

Quirico is Associate Professor at the University of New England and y Lecturer and Visiting Fellow at the Australian National University.

Page 15

TEACHING SECONDARY GEOGRAPHY

um is a Lecturer in the Faculty of Law, Monash University and ary Fellow and Lecturer at the University of Melbourne.

Urbas is Adjunct Associate Professor at the College of Law, n National University.

Page 8

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

Hum, Urbas, Quirico Australian Uniform Evidence Law

planations and relevant examples, Australian Uniform Evidence Law is dational resource for all students of evidence law.

2/5/21 10:52 pm

2/5/21 10:52 pm

Option 4 - 4Acumin ProPro Option - Acumin

es

udes a summary of key points, key terms and definitions and further ns, as well as practice questions to encourage students to apply their listic scenarios. The final chapter comprises longer-form, complex ther’ problems that are designed to test students’ understanding nd rules covered in the Act as a whole. Guided solutions to each provided to ensure students can check their understanding.

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

Samantha Hepburn TEACHING SECONDARY GEOGRAPHY

tty Images/amnarj2006

s from the legislation have been carefully selected to guide students cation of the Act in relevant jurisdictions. This edition has been ed to include significant recent case examples and decisions, s learn about the law in its ever-changing context.

Giancaspro et al.

TEACHING SECONDARY GEOGRAPHY

Mining and Energy Law Second Edition

AS <bio to come>

edition, Australian Uniform Evidence Law provides a clear and uction to the law of evidence. Following the structure of the Evidence e text first introduces students to basic principles, then covers more plex elements of evidence law in later chapters.

Contemporary Australian Business Law

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

McInerney_Geo_1pp.indd All Pages

2/5/21 10:52 pm

Page 8

Resources for instructors include PowerPoints for each chapter.

STEPHEN CRANBY (recently retired) taught Geography in high schools for 30 years followed by 6 years teaching Geography Method at Monash University.

retired Associate Professor of Geography, ders University in Adelaide.

McInerney_Geo_1pp.indd All Pages

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

SUSAN CALDIS is a PhD candidate and sessional academic in the Macquarie School of Education at Macquarie University.

graphy teacher with a passion for embedding er digital tools in his teaching and learning.

s

ONLINE RESOURCES

MCINERNEY ET. AL.

PhD candidate and sessional academic School of Education at Macquarie University.

ONLINE RESOURCES

Sources and Materials to accompany Government Accountability: Australian Administrative Law, Third Edition TEACHING

Geography is not only the study of the surface of the planet and the exploration of spatial and human–environment relationships, but also a way of thinking about the world. Guided by the Australian Curriculum and the Professional Standards for Teaching School Geography (GEOGstandards), Teaching Secondary Geography provides a comprehensive introduction to both the theory and practice of teaching Geography.

MCINERNEY ET. AL.

Resources for instructors include PowerPoints for each chapter.

Government Accountability: Australian Administrative Law Third Edition

MCINERNEY ET. AL.

teaches methodology and curriculum to Geography at Flinders University.

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

Geography is not only the study of the surface of the planet and the exploration of spatial and human–environment relationships, but also a way of thinking about the world. Guided by the Australian Curriculum and the Professional Standards for Teaching School Geography (GEOGstandards), Teaching Secondary Geography provides a comprehensive introduction to both the theory and practice of teaching Geography.

TEACHING SECONDARY GEOGRAPHY

hor team with extensive teaching experience, ry Geography is an exemplary resource for rs.

ONLINE RESOURCES

TEACHING SECONDARY GEOGRAPHY

s the core Geography concepts of place, nt, interconnection, scale, change and overs fundamental geographical knowledge s working with data, graphicacy, fieldwork and , and provides practical guidance on teaching oom. Each chapter features short-answer hink’ questions to enhance understanding nd ‘Bringing It Together’ review questions rning. Classroom scenarios and a range of are provided throughout to connect students erial.

TEACHING SECONDARY GEOGRAPHY

Click covers to view on the website

nly the study of the surface of the ploration of spatial and human–environment also a way of thinking about the world. Guided Curriculum and the Professional Standards ol Geography (GEOGstandards), Teaching phy provides a comprehensive introduction to d practice of teaching Geography.

Katy Barnett Kenneth Yin Martin Allcock

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

2/5/21 10:52 pm

Page 45

Page 46

3

gG

New locally published titles contd.

Dominic Cudmore has held a number of senior legal roles both in government and the private sector.

Astrid di Carlo is a practising solicitor with approximately 20 years of experience in the legal industry in both private and local government sectors.

Cover image: © Getty Images/shuoshu

AUSTRALIAN PR OPERT Y L AW

SUSAN CALDIS is a PhD candidate and sessional academic in the Macquarie School of Education at Macquarie University.

STEPHEN CRANBY (recently retired) taught Geography in high schools for 30 years followed by 6 years teaching Geography Method at Monash University.

SUSANNE JONES is a casual academic tutoring in HaSS for the School of Education, University of South Australia.

Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation.

With each chapter built around clear statements of principle and with numerous illustrations of the operation of the law, the work presents statutory interpretation in an accessible way. Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers and students undertaking advanced courses in statutory interpretation in Australia.

Crawford Pert Saul

Jeffrey Barnes is an Associate Professor in La Trobe Law School at La Trobe University.

Jacinta Dharmananda is a Senior Lecturer at the Law School of the University of Western Australia.

TEACHING SECONDARY GEOGRAPHY

Eamonn Moran is the Inspector at the Victorian Inspectorate and a former Chief Parliamentary Counsel in Victoria and Law Draftsman, Hong Kong.

ALARIC MAUDE is a retired Associate Professor of Geography, affiliated with Flinders University in Adelaide.

FRAMEWORK, PRINCIPLES AND PRACTICE

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

JEFFREY BARNES, JACINTA DHARMANANDA AND EAMONN MORAN

Cover image: © Getty Images/Iryna Shkrabaliuk

Cover image: © Getty Images/amnarj2006

McInerney_Geo_1pp.indd All Pages

Page 48

INTERPRETATION

Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts.

Parts I–III introduce foundational matters, parts IV–VII deal with the general principles of interpretation, and part VIII examines special interpretative issues.

A fully cross-referenced glossary is included.

MICK LAW is a geography teacher with a passion for embedding geospatial and other digital tools in his teaching and learning.

REBECCA NICHOLAS <bio to come>

MODERN

STATUTORY

BARNES, DHARMANANADA & MORAN

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources PWritten R I N C I P L E S T O P R A C T I C E Resources for students by an author team with extensive teaching experience, include: Teaching Secondary Geography is an exemplary resource for • glossary of key terms pre-service teachers. weblinks M I C H A E L N A N• C ARROW • activities and downloadable worksheets PENELOPE CARR UTHERS MALCOLM MCINERNEY is a Lecturer in Humanities Education • additional reading material at the University of South Australia and the Manager for S T E V E N W H I T E for each chapter.

Humanities Projects in the South Australian Department C H R I S T O P HResources E R B for O instructors GE for Education. include PowerPoints for each D O M toI N I C C UDMORE chapter.

JOHN BUTLER OAM teaches methodology and curriculum future teachers of Geography at Flinders University.A S T R I D D I C A R L O

MCINERNEY ET. AL.

Purchase this book to gain access to your complementary VitalSource enhanced eBook. Fully integrated with the print book, this enhanced version of Australian Property Law houses useful self-assessment tools and resources, including • links to cases and legislation • multiple-choice questions • guided responses to end-of-chapter review questions and hypothetical problems • links to relevant online resources. his additional content can be accessed through the VitalSource Bookshelf website or app, available on all major platforms.

BONUS

ENHANCED EBOOK

ONLINE RESOURCES

Public International Law

MODERN

Chris Boge is an adviser to government and private entities on a range of commercial and property-related matters.

INCLUDES

STATUTORY

Steven White is a Senior Lecturer at Griffith Law School in Brisbane.

This text examines the core Geography concepts of place, space, environment, interconnection, scale, change and sustainability. It covers fundamental geographical knowledge and skills, such as working with data, graphicacy, fieldwork and spatial technology, and provides practical guidance on teaching them in the classroom. Each chapter features short-answer and ‘Pause and Think’ questions to enhance understanding of key concepts, and ‘Bringing It Together’ review questions to consolidate learning. Classroom scenarios and a range of information boxes are provided throughout to connect students to additional material.

INTERPRETATION

Penny Carruthers is a Senior Lecturer at the Law School, University of Western Australia.

NANCARROW, CARRUTHERS, WHITE, BOGE, CUDMORE, DI CARLO

Complex concepts are explained and contextualised by linking case law and legislation to practical applications in the field.

Each chapter is supported by digital tools for self-assessment, including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, end-of-chapter review questions, and longer narrative problems that challenge students to apply their knowledge to realistic hypothetical scenarios.

Michael Nancarrow holds a PhD in Law from UNSW. He teaches into the Conveyancing Law and Practice Program at Macquarie University and practices as an independent consultant.

Geography is not only the study of the surface of the planet and the exploration of spatial and human–environment relationships, but also a way of thinking about the world. Guided by the Australian Curriculum and the Professional Standards for Teaching School Geography (GEOGstandards), Teaching Secondary Geography provides a comprehensive introduction to both the theory and practice of teaching Geography.

TEACHING SECONDARY GEOGRAPHY

Covering substantive law and procedural matters, this textbook presents the law of both personal and real property in a contemporary light. Australian Property Law details how property law practice continues to be transformed by technology and provides insights into contemporary challenges and risks in the discipline. Taking a thematic approach, the text begins by placing familiar perspectives into a context of practical issues such as technology and rights to the human body, the boundaries of property and the sharing economy, and the role of social purpose in property law. It then covers possession of goods and land, land tenure, estates and future interests and property registration systems for both land and personal property, and includes chapters on Indigenous land rights and native title, social housing, Crown land and ethics.

Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.

A U S T R A L I A N P R O P E R T Y L AW

Australian Property Law: Principles to Practice is an engaging, student-friendly introduction to property law in Australia.

2/5/21 10:52 pm

Page 50

Page 54

View an online version of this catalogue at www.issuu.com/cambridge.org.uk/docs/law_2022

4

While we have taken every care in preparing the information published in this catalogue, Cambridge University Press does not guarantee the accuracy of the content. All information in this catalogue is correct at the time of publication, but to ensure you have the most up-to-date details, please check our website at www.cambridge.org/academic.

c

.

Help your students unlock their full potential with

world-class teaching and

learning resources from

Cambridge University Press.

Our extensive collection of textbooks combine academic rigour with engaging pedagogy. As a not-for-profit organisation, we dedicate our resources to furthering academic inquiry and education globally in order to achieve our mission of advancing research and learning world-wide.

REQUEST NOW

5

6

c

olars . uses . s, of the en es

Siems Comparative LAW

is to des of

Comparative Law

Constitutional, Administrative & Public Law

NEW

Comparative

LAW

THIRD EDITION

Mathias Siems

THIRD EDITION

Available Now 2022, 244 x 170 mm, 530 pp 9781108744058 | Paperback (also available as an eBook and Hardback)

Available Now 2021, 244 x 170 mm, 654 pp 9781316604373 | Paperback (also available as an eBook and Hardback)

Comparative Law

Law and Administration

Third edition

Fourth edition

Mathias Siems, European University Institute

Carol Harlow, London School of Economics and Political Science Richard Rawlings, University College London

Comparative Law offers a thorough grounding in the subject for students and scholars alike, covering essential academic discussions and comparative law methodology. It critically debates both traditional and modern approaches to the discipline and uses examples from a range of jurisdictions to give the reader a truly global perspective. This new third edition is fully revised to reflect developments in the scholarship and includes two new chapters, balancing the book’s structure between comparative law of the past, present and future. Suitable for students taking courses in comparative law and related fields, this book offers a fresh and cosmopolitan perspective on the subject.

Contents Preface 1. Introduction Part I. Traditional Comparative Law 2. The comparative legal method 3. Common law and Civil law 4. Mapping the world’s legal systems 5. The diffusion of legal traditions Part II. Extending the Methods of Comparative Law 6. Postmodern comparative law 7. Socio-legal comparative law 8. Numerical comparative law 9. Empirical comparative law Part III. Global Comparative Law 10. Legal transplants and convergence 11. Comparative regional and international law 12. From transnational law to global law 13. Comparative law and development Part IV. Comparative Law as an Open Subject 14. Implicit comparative law 15. Reflections and outlook

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world.

A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

The state and administrative law Changing the mindset State of change Transforming judicial review Making the law Discretion and rules The information state A regulatory laboratory Regulatory look: Agency development and accountability Contractual revolution Contract, contract, contract ‘Golden Handshakes’: Liability and compensation Growing a complaints service Tribunals and administrative justice The public inquiry: Investigation and accountability Procedural review in question Testing ground: Legality, process and substance Litigation: Equalities focus Judicial review process and impact.

Request an inspection copy Request an inspection copy

www.cambridge.org/academic

7

gG gG ggGG

r students

key terms

nd downloadable

Geography is not only the study of the surface of the planet and the exploration of spatial and human–environment relationships, but also a way of thinking about the world. Guided by the Australian Curriculum and the Professional Standards for Teaching School Geography (GEOGstandards), Teaching Secondary Geography provides a comprehensive introduction to both the theory and practice of teaching Geography.

NEW

Government Accountability: Australian Administrative Law

reading material apter.

This text examines the core Geography concepts of place, space, environment, interconnection, scale, change and sustainability. It covers fundamental geographical knowledge and skills, such as working with data, graphicacy, fieldwork and spatial technology, and provides practical guidance on teaching them in the classroom. Each chapter features short-answer and ‘Pause and Think’ questions to enhance understanding of key concepts, and ‘Bringing It Together’ review questions to consolidate learning. Classroom scenarios and a range of information boxes are provided throughout to connect students to additional material.

Written by an author team with extensive teaching experience, Teaching Secondary Geography is an exemplary resource for pre-service teachers.

MALCOLM MCINERNEY is a Lecturer in Humanities Education at the University of South Australia and the Manager for Humanities Projects in the South Australian Department for Education.

r instructors erPoints for each

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

Resources for instructors include PowerPoints for each chapter.

SUSAN CALDIS is a PhD candidate and sessional academic in the Macquarie School of Education at Macquarie University.

Bannister et al.

TEACHING SECONDARY GEOGRAPHY

STEPHEN CRANBY (recently retired) taught Geography in high schools for 30 years followed by 6 years teaching Geography Method at Monash University.

SUSANNE JONES is a casual academic tutoring in HaSS for the School of Education, University of South Australia.

ALARIC MAUDE is a retired Associate Professor of Geography, affiliated with Flinders University in Adelaide.

Cover image: © Getty Images/amnarj2006

McInerney_Geo_1pp.indd All Pages

2/5/21 10:52 pm

Government Accountability Australian Administrative Law

Sources and Materials to accompany Government Accountability

Third edition

Australian Administrative Law

Judith Bannister, Flinders University Anna Olijnyk, University of Adelaide Stephen McDonald

Third edition

Judith Bannister, Flinders University Anna Olijnyk, University of Adelaide Stephen McDonald

•

Clear and straightforward

•

Well-written and organised

•

Comprehensive without technical clutter.

Click to receive updates

MCINERNEY ET. AL.

nnection, scale, change and reading amentalmaterial geographical knowledge apter. with data, graphicacy, fieldwork and ides practical guidance on teaching r instructors erPoints each short-answer h chapterfor features tions to enhance understanding ng It Together’ review questions sroom scenarios and a range of ded throughout to connect students

with extensive teaching experience, phy is an exemplary resource for

etired) taught Geography in high d by 6 years teaching Geography y.

cademic tutoring in HaSS for iversity of South Australia.

cher with a passion for embedding ools in his teaching and learning.

sociate Professor of Geography, rsity in Adelaide.

ome>

mnarj2006

Resources for instructors include PowerPoints for each chapter.

Well-chosen cases

•

Excerpts of the right length

•

Helpful commentary for students.

Government Accountability Bundle Australian Administrative Law Third edition

Sources and Bannister et al.

Materials TEACHING

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

MCINERNEY ET. AL.

ethodology and curriculum to at Flinders University.

ONLINE RESOURCES

•

Click to receive updates

Government Accountability: Australian Administrative Government Law Accountability: TEACHING SECONDARY GEOGRAPHY

TEACHING SECONDARY GEOGRAPHY

ge.org/ on/ of the surface of the udy 8984638/ spatial and human–environment of thinking about the world. Guided rand students the Professional Standards hy (GEOGstandards), Teaching keya terms es comprehensive introduction to of teaching Geography. nd downloadable Geography concepts of place,

idate and sessional academic Education at Macquarie University.

Coming in 2023 247 x 174 mm 9781009167871 | Paperback

SECONDARY GEOGRAPHY MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

Bannister et al.

TEACHING SECONDARY GEOGRAPHY 2/5/21 10:52 pm

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

2/5/21 10:52 pm

8

Coming in 2023 247 x 174 mm, (approx.) 500 pp 9781009101943 | Paperback (also available as an eBook)

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

REBECCA NICHOLAS <bio to come>

2/5/21 10:52 pm

NEW

Bannister SECONDARY et al.

GEOGRAPHY

MICK LAW is a geography teacher with a passion for embedding geospatial and other digital tools in his teaching and learning.

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

cturer in Humanities Education ustralia and the Manager for outh Australian Department

Sources and Materials to accompany Government Accountability: Australian Administrative TEACHING Law

MCINERNEY ET. AL.

JOHN BUTLER OAM teaches methodology and curriculum to future teachers of Geography at Flinders University.

MCINERNEY ET. AL.

SOURCES

ONLINE RESOURCES

Coming in 2023 247 x 174 mm, (approx.) 616 pp 9781009102926 | Paperback (also available as an eBook)

TEACHING SECONDARY GEOGRAPHY

ge.org/ on/ 8984638/

Forthcoming Titles

TEACHING SECONDARY GEOGRAPHY

SOURCES

Constitutional, Administrative & Public Law

www.cambridge.org/academic

Constitutional, Administrative & Public Law

ROGER MASTERMAN & COLIN MURRAY

978-1-108-70103-7 BECK - GOVERNMENT ACCOUNTABILITY AUSTRALIAN CONSTITUTIONAL LAW CMYK

Constitutional and Administrative Law

australian constitutional law

Constitutional and Administrative Law Third Edition

Third Edition

Quia idunt as asit fugit explate velita voluptas sin conseque rerernam aut mos ni ommod quassuntiis ullabor ma nis dolorehent quoditibea cus.

Les accatquo inti sus aut quid minum re ernatia quia dolorum quidesti blab id que veliquatius eos di atias mo blaccae puditis eaturibus atur?

Hillaut oditaquis aspedic temolumque et modia nisit qui dolupta tasimus nem eaquam, voluptaquam, ommoluptaque evelestius.

Ut recus es is moluptur seque parisim illigni dendit qui anist opti untini dolupietus eum, coruptiur, te voluptatus non nos quia sere, senisincto de iur minis conest audaeptaquos qui comnimil moloribus dolore preperiae vendis ant, volessi nisquis re dolupicium resto consequia vel incium, occum nonsent dolenimi, quae moluptae culparc hiligendae eiurecaeped quam et, sunt.

Us eum harum sitatiatus, omnimil isquodist odit odit dolorrum dolorpos dessumque oditasp iscimus. Alit adicimust estiure cepelesecta quas aliscia ssimus untias et ium nisit rerspis quo doluptur sentiur minciis eume mi, quiatiamus eat dolupta dolesequam sit aut verenis sitiunt facius et aut untem alibus et aceribu sanditatis nusam, in et odi restium natur arciis senimodipis placcuptatis is abo. Os vellatur, et essim quis ad magnit vollaut volo eost idipiente voluptatiis qui doloreptat quid ute con nos eossim volor apis eaquam.

Available July 2022 244 x 170 mm, 888 pp 9781009158503 | Paperback (also available as an eBook and Hardback)

beck

MASTERMAN & MURRAY

NEW

Epersper itiorruntia dolorem ressita commoloressi quia sa velic te con repellor solorup tatest quiae exerit ipsumquo volorem invelia et assim nusandi gnienem porene vent duci saped molupta voluptiunto essi optat audis everem. Sed que nis es nonesti busandist, voloris unt aut quundemolo volupti busdantem faceate niminvelis este non plabora debis quamus ium ut minis endit officte veles remperferis mosaperiat.

Or assi teni corepe laborere volentiosam, quid et estibus dollanto beaturero od moluption cum solorero doluptatem abor maiorit, nem ea quia sunt quat et repudae nus.

australian constitutional law concepts and cases luke beck

Available Now 2019, 247 x 174 mm, 654 pp 9781108701037 | Paperback (also available as an eBook)

Cover image: © Getty Images/xxx

Constitutional and Administrative Law

Australian Constitutional Law

Third edition

Concepts and Cases

Roger Masterman, Durham University Colin Murray, Newcastle University

Luke Beck, Monash University

Using numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law.

Drawing upon their extensive teaching and research experience, the authors offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus. Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed.

This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.

Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book’s explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.

Contents Preface to the third edition; Part I. Constitutional Regulation in the Absence of a Codified Constitution; 1. The purposes and characteristics of constitutions; 2. The domestic sources of the UK Constitution; 3. The UK Constitution and international legal orders; 4.

Brexit and the UK Constitution; 5. Law, politics and the nature of the United Kingdom Constitution; Part II. The Theory and Practice of the United Kingdom Constitution; 6. Parliamentary sovereignty; 7. The rule of law; 8. Separation of powers; 9. Principles of political and parliamentary accountability; Part III. Central Government in the United Kingdom; 10. The executive; 11. Parliament (I): the House of Commons; 12. Parliament (II): the House of Lords; 13. The United Kingdom Supreme Court and the office of Lord Chancellor: towards an independent judicial branch?; Part IV. Decentralised Government in the United Kingdom; 14. The United Kingdom’s devolution arrangements; 15. Devolution and the UK Constitution; Part V. Accountability (I): Scrutiny, Openness and Good Administration; 16. Parliamentary scrutiny of government; 17. The Parliamentary Ombudsman; 18. Freedom of information; Part VI. Accountability (II): The Courts; 19. Judicial review of administrative action – theory, procedure and remedies; 20. Judicial review of administrative action – grounds for review; 21. The European Convention on human rights; 22. The Human Rights Act 1998; 23.

Political freedoms and democratic participation.

Contents Part I. Introduction: 1. Introduction to Australian constitutional law; Part II. Legislative Powers: 2. State legislative powers; 3. Constitutional method: interpretation, characterisation and invalidity; 4. Trade and commerce power; 5. Corporations power; 6. External affairs power; 7. Immigration and aliens powers; 8.

Constitutional alteration and the race power; Part III. Limitations on Powers: 9. Acquisition of property on just terms; 10. Freedom of religion; 11. Implied freedom of political communication; 12.

Freedom of inter-State trade, commerce and intercourse; Part IV. The Federal Parliament: 13. The Federal Parliament; 14.

Choosing members of Federal Parliament; Part V. The Courts and Judicial Power: 15. Separation of judicial power; 16. The scope of federal judicial power; 17. Non-judicial detention; 18.

Institutional integrity of courts; Part VI. The Federal Executive: 19. Federal executive power; 20. Power to spend money; Part VII. Federalism: 21. Inconsistency between federal and state laws; 22.

Intergovernmental immunities; 23. Rights of out-of-state residents.

Request an inspection copy

Request an inspection copy

www.cambridge.org/academic

9

Constitutional, Administrative & Public Law

The Veiled Sceptre Reserve Powers of Heads of State in Westminster Systems c a m b r i d g e s t u d i e s i n c o n s t i t u t i o n a l l aw

aw

Twomey

THE VEILED SCEPTR E

Available Now 2018, 228 x 152 mm, 808 pp 9781107056787 | Hardback (also available as an eBook and Paperback) Anne Twomey, University of Sydney Anne Twomey

THE VEILED SCEPTRE

reserve powers of heads of state in westminster systems

This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.

•

Provides a comprehensive review and analysis of reserve powers

•

Draws on a range of previously unpublished archival and primary material

•

Presents an unrivalled contemporary analysis.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Prerogative and reserve powers Advice to and from the head of state Appointment of the chief minister Dismissal of governments Dissolution Caretaker conventions Summoning parliament Prorogation Royal assent The rejection of advice to act illegally or unconstitutionally Appointment and dismissal of vice-regal officers.

Request an inspection copy

10

www.cambridge.org/academic

Anthony J Connolly

9781107679795cvr.indd 1

CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA This book examines the body of Australian constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution’s inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court’s interpretation of the Constitution in a manner that follows the Constitution’s own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901.

Available Now 2017, 247 x 174 mm, 470 pp 9781107679795 | Paperback (also available as an eBook) The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

Nicholas Aroney is Professor of Constitutional Law and an Australian Research Council Future Fellow at the TC Beirne School of Law at the University of Queensland.

Peter Gerangelos is Professor of Constitutional Law at Sydney Law School.

Sarah Murray is an Associate Professor at the University of Western Australia Law School.

James Stellios is an Associate Professor at the Australian National University College of Law.

THE

CONSTITUTION OF THE COMMONWEALTH OF AUSTR ALIA HISTORY, PRINCIPLE AND INTERPRETATION FOREWORD BY CHIEF JUSTICE ROBERT FRENCH AC

ARONEY / GERANGELOS MURRAY / STELLIOS

STATE, POWER, ACCOUNTABILITY

THE

THE CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA

THE FOUNDATIONS OF AUSTRALIAN PUBLIC LAW

9780521759182 ARONEY/GERANGELOS/STELLIOS/MURRAY - THE CONSTITUTION OF THE COMMONWEALTHOF AUSTRALIA CMYK

Constitutional, Administrative & Public Law

NICHOLAS ARONEY PETER GERANGELOS SARAH MURRAY JAMES STELLIOS

Available Now 2015, 228 x 152 mm, 704 pp 9780521759182 | Paperback (also available as an eBook)

Cover image: Walter Burley Griffin, Plan of the City and Environs, Commonwealth of Australia Federal Capital Competition, 1911. © National Archives of Australia: A710, 38.

8/12/2016 11:27 AM

The Foundations of Australian Public Law

The Constitution of the Commonwealth of Australia

State, Power, Accountability

History, Principle and Interpretation

Anthony J. Connolly, Australian National University

Nicholas Aroney, University of Queensland Peter Gerangelos, University of Sydney Sarah Murray, University of Western Australia James Stellios, Australian National University

In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning.

Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia’s federal, state and territory jurisdictions.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Introduction: what is Australian public law?

Constitution I: the history of the Australian state Constitution II: the structure of the Australian state Legitimation: justifying state power Legislation: making valid law Administration: governing lawfully Adjudication: determining and applying the law Validation: reviewing state action Protection: human rights and Australian public law Direction: future trends in Australian public law.

Request an inspection copy

The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution’s inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court’s interpretation of the Constitution in a manner that follows the Constitution’s own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

The Constitution The Parliament Legislative power Demarcations of power Limits on power The Executive Executive power The judicature Judicial power The States.

Request an inspection copy

www.cambridge.org/academic

11

Contract Law

Contract Law Cases and Materials YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA, SPAGNOLO

CONTRACT LAW CASES AND MATERIALS

CONTRACT LAW CASES AND MATERIALS

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA AND SPAGNOLO

Available Now 2020, 255 x 190 mm, 910 pp 9781108435277 | Paperback (also available as an eBook)

Kenneth Yin, Edith Cowan University Simon Kozlina, Western Sydney University Kelly Green, Deakin University Luca Siliquini-Cinelli, University of Dundee Emmanuel Laryea, Monash University Lisa Spagnolo, Monash University

Contents

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather’s Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law. Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements, and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

•

A chapter on international contract law with additional end-ofchapter ‘international context’ sections for each topic

•

Pedagogical features include flow charts, overview tables explaining key concepts and links to the principles text, review questions and end-of-chapter problems

•

Accompanies Stewart, Swain and Fairweather’s Contract Law: Principles and Context.

Part I: Introduction 1. Some basic questions 2. Themes and perspectives 3. Resolving contractual disputes Part II: Making a contract 4. Preparing to make a contract 5. Formation 6. Preliminary agreements 7. Protecting reliance: The doctrine of estoppel 8. The parties to a contract Part III: Contractual obligations 9. Terms and obligations 10. Interpreting contracts 11. Limiting or extending liability 12. Performance of contractual obligations Part IV: Adjusting a contract 13. Varying terms 14. Transferring rights and obligation 15. Impossibility and change in circumstances Part V: Ending a contract 16. Termination of contracts 17. Consequences of termination Part VI: Vitiating factors and unfair conduct 18. Misinformation 19. Undue pressure 20. Unconscionability and unfairness 21. Illegality and public policy Part VII: Remedies 22. Enforcing a contract 23. Damages for breach of contract 24. Restitutionary remedies Part VIII: International aspects of contract law 25. Contract law in the international context.

Request an inspection copy

12

www.cambridge.org/academic

Contract Law

Contract Law Principles and Context

CONTRACT LAW PRINCIPLES AND CONTEXT

Available Now 2019, 247 x 174 mm, 598 pp 9781107687486 | Paperback (also available as an eBook)

STEWART, SWAIN AND FAIRWEATHER

Andrew Stewart, University of Adelaide Warren Swain, University of Auckland Karen Fairweather, University of Auckland

Contents

Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them. Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.

• • •

The lead author, Andrew Stewart, is known for his clear and engaging writing style Presents the development of contract law through cases that are both authoritative and used as factual examples to explain the law Takes the reader to particular issues with contracts as they might arise in real life and then navigates a legal pathway through them.

Preface Part I. Introduction 1. Some basic questions 2. Themes and perspectives 3. Resolving contractual disputes Part II. Making a Contract 4. Preparing to make a contract 5. Formation 6. Preliminary agreements 7. Protecting reliance: The doctrine of Estoppel 8. The parties to a contract Part III. Contractual Obligations 9. Terms and obligations 10. Interpreting contracts 11. Limiting or extending liability 12. Performance of contractual obligations Part IV. Adjusting a Contract 13. Varying terms 14. Transferring rights and obligations 15. Impossibility and change of circumstances Part V. Ending A Contract 16. Termination of contracts 17. Consequences of termination Part VI. Vitiating Factors and Unfair Conduct 18. Misinformation 19. Undue pressure 20. Unconscionability and unfairness 21. Illegality and public policy Part VII. Remedies 22. Enforcing a contract 23. Damages for breach of contract 24. Restitutionary remedies Glossary Bibliography.

Request an inspection copy

www.cambridge.org/academic

13

Contract Law Bundle

The Contract Law Bundle is an affordable purchase option for students.

This bundle contains Contract Law: Principles and Context and Contract Law: Cases and Materials.

These titles are designed to complement each other and offer a seamless teaching and learning experience across both texts.

Students can purchase the texts as a bundle for $199.95 AUD and save over $70 AUD.

Accompanying online resources include: • • • • • 14 14

All of the section tables from the text, providing an overview of major headings and relating it to the Principles and Contexts text.

All flowcharts from the text including: introductory flowcharts, sectional flowcharts, flowcharts relating to specific cases and end-of-chapter review flowcharts.

End-of-section questions and the responses.

Problem questions and the responses.

Research questions and the responses. c

www.cambridge.org/academic

www.cambridge.org/academic

14

gG

g/

638/

dents

erms

ownloadable

Forthcoming Title

Contemporary Australian Business Law

TEACHING SECONDARY GEOGRAPHY

RCES

Corporate & Commercial Law/Corporate Governance

Contemporary Australian Business Law

NEW

Available February 2023 244 x 170 mm, (approx.) 550 pp Paperback (also available as an eBook)

ng material r.

ructors nts for each

MCINERNEY ET. AL.

Giancaspro et al.

TEACHING SECONDARY GEOGRAPHY MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

Mark Giancaspro, University of Adelaide Gabrielle Golding, University of Adelaide Beth Nosworthy, University of Adelaide David Brown, University of Adelaide Jessica Viven-Wilksch, University of Adelaide Alexandra Wawryk, University of Adelaide Sylvia Villios, University of Adelaide Paula Zito, University of Adelaide

2/5/21 10:52 pm

Contemporary Australian Business Law is an authoritative text that makes key legal concepts accessible for business students while maintaining academic rigour.

A hypothetical scenario running throughout each chapter provides real-world, relevant examples of the law in practice.

•

Written for business students new to studying business law.

•

Business life-cycle structure.

•

An ongoing narrative scaffolds learning and frames discussion in business contexts.

•

Discussion of law concepts strikes the balance between detail and complexity.

•

Covers topics most encountered in business, including contracts, business structures and taxation.

•

Pedagogically rich, each chapter includes learning objectives, summary, case boxes (with Facts, Legal Issue and Decision), key concepts and end-of chapter practice problems.

•

An instructor website including guided responses to case law box questions, guided responses to end-of-chapter questions, glossary of key terms and PPTs.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

The Australian legal system Civil liability and the tort of negligence Contracts: Formation Contracts: Validity Contracts: Parties and terms Contracts: Performance and remedies Competition and consumer law Employment law Sale of goods Personal property Secured transactions Insurance Business structures Corporations Australian business tax law Business ethics Intellectual property.

Click to receive updates

www.cambridge.org/academic

15

ork for ctured r states, give rise stitutional rs ity. ts will with the ithdrawal hese

AN INTRODUCTION TO

autonomy he

INTERNATIONAL ORGANIZATIONS LAW

m the real ey are in e, and by rials.’

NEW

KLABBERS

n taining students

Corporate & Commercial Law/Corporate Governance

TO ON L I T DUC NA TRO ATIO AW N I AN ERN NS L DITION

INT ZATIO FOURTH E ANI G R O

Second Edition

Available Now 2022, 244 x 170 mm, 422 pp 9781108820301 | Paperback (also available as an eBook and Hardback)

AUSTRALIAN COMMERCIAL LAW

JAN KLABBERS

RTH FOUITION ED

Available Now 2020, 247 x 174 mm, 524 pp 9781108728492 | Paperback (also available as an eBook)

DILAN THAMPAPILLAI, CLAUDIO BOZZI, MARK GIANCASPRO AND GEORGE YIJUN TIAN

An Introduction to International Organizations Law

Australian Commercial Law

Fourth edition

Dilan Thampapillai, Australian National University Claudio Bozzi, Deakin University Mark Giancaspro, University of Adelaide George Yijun Tian, University of Technology Sydney

Jan Klabbers, University of Helsinki The fourth edition of this market-leading textbook offers students a clear framework for understanding the practice and logic of International Organizations Law. Structured around the three defining relationships IOs engage in – namely, with their member states, with their organs and staff, and with the outside world.

These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.

Contents Preface to the fourth edition; 1. Introduction; 2. The rise of international organizations; Part I. Member States and International Organizations; 3. The legal position of international organizations; 4. International organizations and the law of treaties; 5. Issues of membership; 6. Financing; 7. Privileges and immunities; 8. Legal instruments; 9. Dissolution and succession; Part II. Internal Relations; 10. Institutional structures; 11. The bureaucracy; Part III. External Relations; 12. Treaty-making by international organizations; 13. Organizational liaisons; 14. Issues of responsibility; 15 Concluding remarks; Bibliography.

Request an inspection copy

Second edition

Fully revised and updated, Australian Commercial Law offers a comprehensive, accessible introduction to key aspects of Australian commercial law. Part 1 introduces the fundamentals of contract law and business structures before examining the sale of goods, agency, bailment and personal property. Part 2 covers the Australian Consumer Law, focusing on areas important to commercial entities that interact with consumers. Part 3 examines international commercial law, providing a detailed introduction to the World Trade Organization and to agreements central to trade between countries. The second edition includes: detailed discussion of key concepts in commercial law; four new chapters on contract law basics, business structures, bankruptcy and international commercial law; thorough integration of digital and e-commerce transactions; and end-of-chapter discussion questions designed to test reader knowledge of key points and themes. Written in a clear and concise style by an expert author team, Australian Commercial Law is an indispensable resource for students seeking a comprehensive understanding of commercial law.

Contents Preface; Part I. Australian Commercial Law: 1. Contract law and commercial regulators; 2. Business structures; 3. Personal property; 4.

Sale of goods; 5. Transfer of property; 6. Price and delivery; 7. Agency law; 8. Bailment; 9. Personal Properties Security Act; 10. Contracts of guarantee; 11. Insurance; 12. Bankruptcy; Part II. Australian Consumer Law: 13. Unfair contract terms; 14. Product liability; 15.

Consumer guarantees; 16. Unconscionable conduct; 17. Misleading or deceptive conduct; Part III. International Commercial Law: 18.

International commercial law.

Request an inspection copy

16

www.cambridge.org/academic

Corporate & Commercial Law/Corporate Governance

Contemporary Australian Corporate Law Second edition

CONTEMPORARY AUSTRALIAN CORPORATE LAW

CONTEMPORARY AUSTRALIAN CORPORATE LAW SECOND EDITION

Stephen Bottomley, Kath Hall Peta Spender and Beth Nosworthy

SECOND EDITION

Available Now 2020, 247 x 174 mm, 694 pp 9781108796958 | Paperback (also available as an eBook)

Bottomley, Hall, Spender and Nosworthy

Stephen Bottomley, Australian National University Kath Hall, Australian National University Peta Spender, Australian National University Beth Nosworthy, University of Adelaide

Contemporary Australian Corporate Law is a highly regarded introduction to corporate law in Australia that provides an authoritative, contextual and critical analysis of the law governing Australian corporations and financial markets. It explores the rules, principles, doctrines and policies that constitute corporate law in Australia within their legal, social, economic and political contexts.

Clearly and precisely written, this edition has been thoroughly updated and refined to reflect current Australian corporate law, including recent case law, changes to the Corporations Act 2001 and the impact on the corporate sector of the Financial Services Royal Commission. Written by leading legal scholars, Contemporary Australian Corporate Law will assist students to develop a critically informed understanding of corporate law and the role of corporations in contemporary society.

•

Explains the rules, principles, doctrines and policies that, together, constitute corporate law in Australia to students taking their first course in corporate law

•

Locates rules in their legal, social, economic and political context to provide deeper understanding and to recognise how corporations have become an integral part of the contemporary social fabric

•

The authors’ experience of teaching corporate law for many years brings a logical order to the subject matter with clarity, insight and technical excellence.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Context, history and regulation Corporate law theory and debates The company as a separate legal entity Formation and types of companies The internal rules of a company Corporate contracting Decision-making, meetings and reporting Corporate finance Corporate fundraising An overview of directors’ duties Duty of care, skill and diligence Duties of good faith Conflicts of interest Members’ rights and remedies Receivership, schemes of arrangement and voluntary administration 16. Winding up and liquidation 17. Financial markets and financial services 18. Takeovers.

Request an inspection copy

www.cambridge.org/academic

17

Corporate & Commercial Law/Corporate Governance

Principles of Contemporary Corporate Governance Fourth edition

Principles of Contemporary Corporate Governance Fourth edition

Principles of

du Plessis, Hargovan and Harris

Contemporary Corporate Governance

Available Now 2018, 247 x 174 mm, 500 pp 9781108413022 | Paperback (also available as an eBook) Jean Jacques du Plessis, Deakin University Anil Hargovan, University of New South Wales Jason Harris, University of Technology Sydney

Fourth edition

Jean Jacques du Plessis Anil Hargovan Jason Harris

Now in its fourth edition, Principles of Contemporary Corporate Governance offers comprehensive coverage of the key topics and emerging themes in private sector corporate governance.

It explains both the principles of corporate governance systems and their real-world application in an authoritative and engaging manner. This fully revised and updated text has four parts: basic concepts, board structures and company officers; corporate governance in Australia; corporate governance in international and global contexts; and shareholder activism and business ethics. The coverage of international contexts includes sections on the US, the UK, Canada, South Africa, the EU, the OECD, Germany, Japan, China and Indonesia, plus new sections on New Zealand and India. A new chapter on business ethics and corporate governance presents contemporary discussions on the topic and explores some of the broader legal issues. Principles of Contemporary Corporate Governance is an indispensable resource for business and law students, academic researchers and practitioners.

•

Suitable for both business and law students studying corporate governance

•

Explains both the principles of corporate governance systems and their real-world application

•

New country sections for India and New Zealand and a new chapter on ‘Business Ethics and Corporate Governance’ provide greater focus on ethics, corporate social responsibility and business in society.

Contents Part I. Basic Concepts, Board Structures and Company Officers 1. The concepts of ‘corporate governance’ and ‘essential’ principles of corporate governance 2. Stakeholders in corporate governance and corporate social responsibility 3. Board functions and structures 4. Types of company directors and officers Part II. Corporate Governance in Australia 5. Regulation of corporate governance 6. The role of the regulators: ASIC and the ASX 7. Accounting governance 8. Auditors and audits 9. Directors’ duties and liability 10. Enforcement of directors’ duties Part III. Corporate Governance in International and Global Contexts 11. Corporate governance in the United States, the United Kingdom, New Zealand, Canada, South Africa and India 12. Corporate governance in the EU, the G20/OECD Principles of Corporate Governance, and corporate governance in Germany, Japan, China and Indonesia Part IV. Shareholder Activism and Business Ethics 13. Shareholder activism 14. Business ethics and corporate governance.

Request an inspection copy

18

www.cambridge.org/academic

Criminal Law

Criminal Law Perspectives From Principles to Practice

CRIMINAL LAW

PERSPEC TIVES From Principles to Practice

INCLUDES BONUS ENHANCED EBOOK

John Anderson Brendon Murphy Ben Livings Wendy Kukulies-Smith Natalia Antolak-Saper Shireen Daft

Available Now 2020, 247 x 174 mm, 914 pp 9781108868204 | Paperback (also available as an eBook) John Anderson, University of Newcastle Brendon Murphy, Australian Catholic University Ben Livings, University of South Australia Wendy Kukulies-Smith, Australian National University Natalia Antolak-Saper, Monash University Shireen Daft, Macquarie University

Criminal Law Perspectives: From Principles to Practice is an engaging introduction to the criminal law in New South Wales, Victoria, the Australian Capital Territory and the Commonwealth Criminal Code.

It takes a comparative approach to the law in these jurisdictions, focusing on prevalent summary offences, substantive federal offences and criminal procedure. Complex concepts are explained and contextualised by linking them to practical applications.

Each chapter is supported by tools for self-assessment: review questions; case boxes summarising and extracting key historical and contemporary cases; and longer, narrative end-of-chapter problems that promote student engagement and help students develop problem-solving skills and independent thinking. Criminal Law Perspectives explores the development of criminal law principles in Australia, and provides a comprehensive and accessible overview of criminal law for students studying in the area for the first time.

•

Written specifically for a one semester course

•

Complex doctrines (principles and cases) are coherently explained by linking concepts to practical applications

•

Has a focus on prevalent summary offences

•

Covers substantive Federal offences

•

Takes a comparative approach to covering the jurisdictions of NSW, ACT and Victoria

•

Integrated, interactive print and ebook package containing extensive pedagogy to support student learning.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Criminal liability Criminal procedure Summary offences Assaults and threats Sexual offences Homicide Defences Property offences Drug offences Federal offences Extending criminal responsibility.

Request an inspection copy

www.cambridge.org/academic

19

Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice.

Key features: • Fully updated with the latest practice, challenges and controversies of the International Criminal Court • Coverage of the winding down of the ad hoc international criminal tribunals • Examines the newly emergent hybrid jurisdictions

Carsten Stahn

Available Now 2018, 247 x 174 mm, 464 pp 9781108436397 | Paperback (also available as an eBook and Hardback)

Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.

Robert Cryer is Professor of international and Criminal Law at the University of Birmingham. He has written and edited many books on international law, criminal law and their relationship, and has taught international criminal law for more than twenty years on three continents.

Darryl Robinson is Professor of International Criminal Law at the Faculty of Law in Queen’s University, Canada. His research focuses on moral underpinnings of criminal law principles and on refining legal rules for the fair and effective prosecution of war crimes.

Sergey Vasiliev is Assistant Professor of Public International Law at the University of Leiden. He has previously taught international and comparative criminal law and procedure at the Free University Amsterdam and the University of Amsterdam and has published extensively in these fields.

An Introduction to International Criminal Law and Procedure

I N T ER N AT I O N A L CR I M I N A L L AW

Cryer, Robinson and Vasiliev

Written by a team of international lawyers with extensive academic and practical experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style.

9781108741613: Cryer, Robinson and Vasiliev: CVR: C M Y K

w.

A Critical Introduction to

A Critical Introduction to I N T ER N AT I O N A L CR I M I N A L L AW

ng

Stahn

r

Criminal Law

Robert Cryer, Darryl Robinson and Sergey Vasiliev

An Introduction to

International Criminal Law and Procedure Fourth Edition

Available Now 2019, 247 x 174 mm, 640 pp 9781108741613 | Paperback (also available as an eBook and Hardback)

Fourth Edition

Online Resources www.cambridge.org/cryer4

ISBN 978-1-108-74161-3 Cover illustration: John Finney Photography / Moment / Getty Images.

Cover design: Andrew Ward.

9 781 1 08 741 61 3 >

A Critical Introduction to International Criminal Law

An Introduction to International Criminal Law and Procedure

Carsten Stahn, Universiteit Leiden

Fourth edition

International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new ‘age of accountability’, but certain historical objections, such as selectivity or victor’s justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored.

Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas: •

The shifting contours of criminality and international crimes

•

The tension between individual and collective responsibility

•

The challenges of domestic, international, hybrid and regional justice institutions

•

The foundations of justice procedures

•

Approaches towards punishment and reparation

Suitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law.

This title is also available as Open Access on Cambridge Core.

Contents Preface Introduction 1. International crimes 2. Individual and collective responsibility 3. The global institutional architecture 4. International criminal justice procedures 5. Remedying wrong 6. Beyond the status quo: Re-thinking international criminal law

Request an inspection copy

Robert Cryer, University of Birmingham Darryl Robinson, Queen’s University Sergey Vasiliev, Universiteit van Amsterdam The fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style. Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice.

Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.

Contents Part I. Introduction: 1. Introduction: What is international criminal law?; 2. The aims, objectives and justifications of international criminal law; Part II. Prosecutions in National Courts: 3.

Jurisdiction; 4. National prosecutions of international crimes; 5.

State cooperation with respect to national proceedings; Part III. International Prosecution: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Other hybrid and special courts; Part IV. Substantive Law of International Crimes: 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transnational crimes, terrorism and torture; 15.

General principles of liability; 16. Defences/grounds for excluding criminal responsibility; Part V. International Criminal Procedure and Sentencing: 17. International criminal procedure; 18. Victims in the international criminal process; 19. Punishment and sentencing; Part VI. Relationship between National and International Systems: 20. State cooperation with the international courts and tribunals; 21. Immunities; 22. Alternatives and complements to criminal prosecution; 23. The future of international criminal law.

Request an inspection copy

20

www.cambridge.org/academic

Criminal Law

CAMBRIDGE STATUTES Cryer

HIGHLIGHT ING KEY LEGIS L ATI ON

International Criminal Law Documents

International Criminal Law Documents

Available Now 2019, 247 x 174 mm, 462 pp 9781108729086 | Paperback (also available as an eBook)

Edited by Robert Cryer

MODERN CRIMINAL LAW OF AUSTRALIA JEREMY GANS

Available Now 2016, 247 x 174 mm, 542 pp 9781107565975 | Paperback (also available as an eBook)

SECOND EDITION

International Criminal Law Documents

Modern Criminal Law of Australia

Edited by Robert Cryer, University of Birmingham

Second edition Jeremy Gans, University of Melbourne

This text collects the major documents on international criminal law, a subject of increasing importance at postgraduate and undergraduate level. Edited by a scholar with more than twenty years’ experience of teaching international criminal law, this book is ideal for use by students and practitioners.

Contents Editor’s Preface; 1. 1919 Report of the Commission on the Responsibility of the War, and on Their Punishment (excerpts); 2. 1919 Treaty of Versailles (excerpts); 3. 1945 Nuremberg International Military Tribunal Statute; 1945 Nuremberg International Military Tribunal Rules of Procedure and Evidence and 1945 Control Council Law No. 10; 4. 1946 Tokyo International Military Tribunal Statute and Rules of Procedure and Evidence; 5. 1948 Convention on the Prevention and Punishment of the Crime of Genocide; 6. 1949 Geneva Conventions (excerpts) and 1977 Additional Protocol I to the 1949 Geneva Conventions (excerpts); 7. 1968 Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes against Humanity; 8. 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid; 9. 1974 Definition of Aggression (General Assembly Resolution No. 3314); 10.

1984 UN Convention against Torture; 11. 1993 Secretary-General’s Report Pursuant to Security Council Resolution No. 808; 12. 1993 International Criminal Tribunal for Former Yugoslavia (ICTY); UN Security Council Resolution No. 827; Updated Statute of the ICTY; UN Security Council Resolution No. 1966 and 2010 Residual Mechanism for the International Criminal Tribunals (MICT Statute); 13. 1994 International Criminal Tribunal for Rwanda Statute; 14. 1994 International Law Commission Draft Statute of an International Criminal Court; 15. 1996 International Law Commission Draft Code of Crimes against the Peace and Security of Mankind; 16. 1998 Rome Statute of the International Criminal Court (ICC) including 2010 Kampala Amendments; 2002 ICC Rules of Procedure and Evidence; 2002 ICC Elements of Crimes; 2004 United Nations-ICC Relationship Agreement; 17. 2002 Special Court for Sierra Leone Statute; Agreement for the Establishment of a Residual Mechanism for the Special Court for Sierra Leone and Statute of the Residual Special Court for Sierra Leone; 18. 2003 Agreement between the UN and Cambodia relating to the Extraordinary Chambers in the Courts of Cambodia; 19. Security Council Resolution No. 1757 and 2007 Special Tribunal for Lebanon Statute; 20. 2008 International Convention for the Protection of All Persons from Enforced Disappearances.

Modern Criminal Law of Australia, 2nd edition is a comprehensive guide to interpreting and understanding every statutory offence provision in every Australian jurisdiction. The text takes a unique approach to explaining Australian criminal law, emphasising the importance of statutory interpretation, official discretion, element analysis and sentencing, in order to appreciate the meaning and effect of any offence provision. This book sets out the rules and skills needed to advise clients on the potential application of criminal law throughout Australia. Its scope extends to both serious and minor regulatory regimes, as well as the entire contemporary breadth of criminal law, ranging from pollution to public order, traffic to trafficking, and domestic violence to work safety. It covers the common law, traditional code and model code systems, and includes detailed examples from all states. As such, this unique book provides students with the skills to practice law anywhere in Australia.

Contents 1. Words 2. Choices 3. Conduct 4. Results 5. Circumstances 6. Sentences 7. Standards 8. Groups 9. Failures 10. Exceptions 11. Victims 12. States.

Appendix: Criminal Code Act 1995 (Cth) Request an inspection copy

Request an inspection copy

www.cambridge.org/academic

21

Criminology

Crime, Deviance and Society An Introduction to Sociological Criminology

ists

s

hool

y at on ney.

and and

An introduction to sociological criminology

e

Crime, Deviance and Society

s nal d. s

Available Now 2020, 247 x 174 mm, 408 pp 9781108430302 | Paperback (also available as an eBook)

Crime, Deviance and Society

unct and

be

RODAS et al.

An introduction to sociological criminology RODAS, SIMPSON, RAWLINSON, KRAMER, RYAN, TAYLOR, WALTERS, BECKLEY, CUNNEEN, GORE, PORTER, POYNTING, RUSSELL

Ana Rodas, Western Sydney University Ashlee Gore, Western Sydney University Melanie Simpson, NSW Department of Justice Amanda Porter, University of Melbourne Paddy Rawlinson, Western Sydney University Scott Poynting, Western Sydney University Ronald Kramer, University of Auckland Emma Russell, La Trobe University Emma Ryan, Deakin University Emmeline Taylor, City University London Reece Walters, Deakin University Alan Beckley, Western Sydney University Chris Cunneen, University of Technology Sydney

Crime, Deviance and Society: An Introduction to Sociological Criminology offers a comprehensive introduction to criminological theory. The book introduces readers to key sociological theories, such as anomie and strain, and examines how traditional approaches have influenced the ways in which crime and deviance are constructed. It provides a nuanced account of contemporary theories and debates, and includes chapters covering feminist criminology, critical masculinities, cultural criminology, green criminology, and postcolonial theory, among others. Case studies in each chapter demonstrate how sociological theories can manifest within and influence the criminal justice system and social policy.

Each chapter also features margin definitions and timelines of contributions to key theories, reflection questions and end-ofchapter questions that prompt students’ reflection. Written by an expert team of academics from Australia, New Zealand and the United Kingdom, Crime, Deviance and Society is a highly engaging and accessible introduction to the field for students of criminology and criminal justice.

•

A ‘specialty’ text focussed on the analysis of theoretical concepts and their application to contemporary social issues

•

Accompanied by a suite of resources in the form of lesson plans, which provide supporting material for teaching criminological theories. These plans incorporate innovative ‘blended learning’ practices that make use of innovations in online and face-to-face teaching.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Introduction: Explaining crime and deviance The origins and influence of positivist thought Place and crime Anomie and strain Deviant and criminal subcultures Labelling: Constructing crime and deviance Settler colonial law and the prison industrial complex Women, punishment and victimisation Masculinity, crime and criminology The surveillance society and social control Political economy and crimes of the powerful Greening the criminological landscape Cultural criminology The international dimensions of crime and deviance.

Request an inspection copy

22

www.cambridge.org/academic

Criminology

Crime Prevention Principles, Perspectives and Practices SPINE 16.6mm

Third edition

PRINCIPLES, PERSPECTIVES AND PRACTICES

CRIME PREVENTION

CRIME PREVENTION SUTTON CHERNEY WHITE CLANCEY

SUTTON, CHERNEY, WHITE, CLANCEY

PRINCIPLES, PERSPECTIVES AND PRACTICES

Available Now 2021, 247 x 174 mm, 244 pp 9781108796965 | Paperback (also available as an eBook) Adam Sutton Adrian Cherney, University of Queensland Rob White, University of Tasmania Garner Clancey, University of Sydney

THIRD EDITION

THIRD EDITION SPINE 16.6mm

Crime Prevention: Principles, Perspectives and Practices introduces readers to the theory and practice of crime prevention. Now in its third edition, this book argues for a combination of social and situational/environmental crime prevention strategies as more effective alternatives to policing, criminal justice and ‘law and order’ approaches. Contending that the principles of prevention can be applied to persistent crime problems such as alcohol-related violence and family and domestic violence, the book explores the prevention of other broad societal harms including terrorism, cybercrime and threats to the environment. The book features useful pedagogy such as case studies, discussion questions and extension topics, as well as new chapters on environmental crime and counter-terrorism. Written by a team of experts in the field of criminology, Crime Prevention remains an authoritative introduction to crime prevention in Australia, and is an invaluable resource for criminology students.

•

Written by lead experts in crime prevention

•

Uses Australian case studies throughout

•

Features useful pedagogy including case studies, discussion questions and extension topics.

Contents Part I. Theory 1. Crime prevention and community safety in Australia 2. Key approaches and frameworks 3. Social prevention 4. Environmental prevention 5. Implementation and evaluation Part II. Practice 6. From research to policy 7. Preventing violence 8. Counter-terrorism and crime prevention 9. Preventing environmental crime 10. The future of crime prevention Glossary

Request an inspection copy

www.cambridge.org/academic

23

Dispute Resolution, Mediation and Arbitration

Civil Dispute Resolution Balancing Themes and Theory

CIVIL DISPUTE RESOLUTION • Sonya Willis

CIVIL DISPUTE RESOLUTION Balancing Themes and Theory

Available Now 2021, 247 x 174 mm, 500 pp 9781316606346 | Paperback (also available as an eBook)

Sonya Willis Foreword by Chief Justice James Allsop

Sonya Willis, Macquarie University

Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.

•

Comprehensive framework within which both civil procedure and alternative dispute resolution are addressed

•

Balances competing objectives of dispute resolution

•

Explores interaction between negotiation, mediation, arbitration and litigation

•

Suitable for all Australian jurisdictions.

Contents Part I. Civil Disputes and their Means of Resolution 1. Introduction to civil dispute resolution 2. Balancing competing objectives: the key themes of civil dispute resolution 3. Access to justice and open justice 4. Alternatives to court: alternative dispute resolution 5. Managing court resources through alternative dispute resolution and summary disposition 6. Lawyers, legal costs and their role in civil dispute resolution 7. Managing resources through specialist courts and tribunals Part II. Litigation: The Crucial Last Resort 8. Interactions between parties and the courts 9. Commencing proceedings 10. Parties and pleading 11. Party documents: the voyage of discovery 12. Obtaining relevant information: alternatives to interparty discovery 13. Protection of documents: privilege and confidentiality 14. Witness evidence pre-trial 15. Trial preparation and attendance 16. Judgment, appeals and enforcement.

Request an inspection copy

24

www.cambridge.org/academic

Dispute Resolution, Mediation and Arbitration

Dispute Management

Collins, Demeter & Douglas DISPUTE MANAGEMENT

DISPUTE MANAGEMENT

Available Now 2021, 244 x 170 mm, 476 pp 9781108794718 | Paperback (also available as an eBook) Pauline Collins, University of Southern Queensland Dalma Demeter, University of Canberra Susan Douglas, University of the Sunshine Coast

Pauline Collins Dalma Demeter Susan Douglas

Dispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation.

Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. The textbook addresses relevant ethical and cultural issues and is supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial. Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners.

•

Presents an holistic student textbook, adopting an integrative approach

•

A praxis style is utilised, combining the learning of theory with the practising of skills and techniques in dispute management

•

Covers the full range of techniques, with some not presented in other texts.

Contents Introduction 1. Understanding disputes 2. Communication 3. History and philosophy of dispute management 4. Interviewing 5. Negotiation 6. Mediation 7. Facilitation 8. Conciliation 9. Collaborative Practice 10. Arbitration 11. Litigation 12. Statutory dispute management schemes and professional practice in dispute management.

Request an inspection copy

www.cambridge.org/academic

25

Dispute Resolution, Mediation and Arbitration

Effective Negotiation From Research to Results Fourth edition

Available Now 2019, 247 x 174 mm, 430 pp 9781108701297 | Paperback (also available as an eBook) Ray Fells, University of Western Australia Noa Sheer, University of New South Wales

The fourth edition of Effective Negotiation provides a practical and thematic approach to negotiation and mediation in professional contexts. Drawing on research and extensive teaching and practical experience, Fells and Sheer describe key elements of negotiations and explain the core tasks involved in reaching an agreement: information exchange, solution-seeking and concession management. This edition features a substantial revision and realignment of content, providing discussion of overarching themes and methodologies before moving to focused considerations of the underlying mechanics of negotiation. A new chapter on deadlocks provides detailed analysis of strategically managing and resolving deadlocked negotiations. In addition to the ‘Negotiation in Practice’ and ‘Negotiation Skill Tips’ boxes, chapters now include real-world case studies. An accessible, practical and strategic exploration of the complex mechanics and dynamics of negotiation, mediation and dispute resolution, Effective Negotiation remains an essential resource for students and professionals in business and management, law and human resource management.

•

Encourages a stage model of negotiation, where distributive and integrative are sub-processes

•

Features clear links between research and practice, reinforced by appropriate, well researched case studies

•

Includes an accompanying website for instructors.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Why isn’t negotiation straightforward?

Negotiators are people, not robots Establishing what can be achieved by negotiating Strategically managing the negotiation process Differentiation: managing the exchange of information Exploration: finding a better outcome Exchange: getting the other party to agree Strategically managing deadlocks Overcoming deadlocks through mediation Negotiation in practice: negotiators building bridges on behalf of others Negotiation in practice: managing negotiations in the workplace Negotiation in practice: managing business negotiations Cross-cultural negotiations: much the same but different Conclusion: becoming an effective negotiator.

Request an inspection copy

26

www.cambridge.org/academic

Dispute Resolution, Mediation and Arbitration

MOSES

Arbitration has become the dispute resolution method of choice in international

THIRD EDITION

strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The Third Edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration, and third-party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the

Available Now 2020, 244 x 170 mm, 428 pp 9781107687578 | Paperback (also available as an eBook and Hardback)

book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Margaret L. Moses is Professor of Law at Loyola University School of Law, Chicago. She teaches international commercial arbitration, international business transactions, European community law, international trade finance, and contracts. Professor Moses is also the Director of the International Program at Loyola University and coaches the Vis Moot International Arbitration teams, who compete in Vienna and Hong Kong. She also serves as an international arbitrator.

Dispute Processes

The Principles and Practice of International Commercial Arbitration

Michael Palmer and Simon Roberts

the legal and regulatory framework for international arbitration, as well as practical

Third Edition

ADR and the Primary Forms of Decision-making

world of international arbitration, explaining how and why arbitration works. It provides

Moses 9781316606285 Cover. C M Y K

DISPUTE PROCESSES

transactions. This book provides the reader with immediate access to understanding the

The Principles and Practice of

International Commercial Arbitration Third Edition

Available Now 2017, 228 x 152 mm, 432 pp 9781316606285 | Paperback (also available as an eBook and Hardback)

MARGARET L. MOSES

ADR and the Primary Forms of Decision-making

The Principles and Practice of International Commercial Arbitration

Third edition

Third Edition

Michael Palmer, School of Oriental and African Studies, University of London Simon Roberts, London School of Economics and Political Science

Margaret L. Moses, Loyola University School of Law

This wide-ranging study considers the primary forms of decisionmaking – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field – and associated projects of institutional design – are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and selfhelp, the ombuds, Online Dispute Resolution and pressures of institutionalisation.

Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The third edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Contents

Contents

Preface; 1. Introduction; 2. Cultures of decision-making: precursors to the emergence of ADR; 3. The debates around civil justice and the movement towards procedural innovation; 4. Disputes and dispute processes; 5. Development of disputes, avoidance and self help; 6. Negotiations; 7. Mediation; 8. Umpiring: courts and tribunals; 9. Umpiring: arbitration; 10. Hybrid forms and processual experimentation; 11. The ombuds and its diffusion: from public to private; 12. Online Dispute Resolution and its diffusion: from private to public; 13. Institutionalisation of ADR; 14. Reflections; Appendix A. Some role plays.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Request an inspection copy

Introduction to international commercial arbitration The arbitration agreement Drafting the arbitration agreement Applicable laws and rules Judicial assistance for arbitration The tribunal The arbitral proceedings The award Attempts to set aside an award Enforcement of the award Investment arbitration.

Request an inspection copy

www.cambridge.org/academic

27

re

s as

JOHN MERRILLS ERIC DE BRABANDERE

Philippe Sands, University College London

Addressing not only inter-State dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law.

In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO Dispute Settlement Systems, the peaceful settlement of international environmental disputes, intra-State disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues.

Available Now 2022, 243 x 169 mm, 508 pp 9781108819220 | Paperback (also available as an eBook and Hardback)

Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.

Yoshifumi Tanaka is Professor of International Law at the Faculty of Law, University of Copenhagen. He has taught at several different universities and has published widely in the fields of peaceful settlement of international disputes, the law of the sea and international environmental law.

SEVENTH EDITION

The Peaceful Settlement of International Disputes

an aw.’

Merrills' International Dispute Settlement

an es

NEW

‘Yoshifumi Tanaka has produced a vibrant, comprehensive and enlighteningly accessible survey of international dispute settlement mechanisms, one that will be attractive for students, practitioners and officials.’

TANAKA

n

Merrills' International Dispute Settlement

SEVENTH EDITION

9781316615881 Tanaka PB C M Y K

w ses

MERRILLS DE BRABANDERE

al

Dispute Resolution, Mediation and Arbitration

YOSHIFUMI TANAKA

The Peaceful Settlement of International Disputes

Available Now 2018, 247 x 174 mm, 462 pp 9781316615881 | Paperback (also available as an eBook and Hardback)

Cover image: Katarina Stefanovic / Moment / Getty Images.

Cover designed by Zoe Naylor.

Merrills’ International Dispute Settlement

The Peaceful Settlement of International Disputes

Seventh edition

Yoshifumi Tanaka, University of Copenhagen

John Merrills Eric De Brabandere, Universiteit Leiden

Addressing not only inter-State dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO dispute settlement systems, the peaceful settlement of international environmental disputes, intra-State disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues. Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.

The fully revised seventh edition of this successful textbook explains the legal and diplomatic methods and organisations used to solve international disputes, how they work and when they are used. It looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, up-to-date examples of each method in practice to place the theory of how the law works in real-life situations, demonstrating the strengths and weaknesses of different methods when they are used. Fully updated throughout, the seventh edition includes a new introduction explaining the common principles of settlement and a chapter on investor–state arbitration, as well as recommended further readings at the end of each chapter. It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

Contents 1. International Dispute Settlement: Principles and Concepts 2. Negotiation 3. Mediation 4. Inquiry 5. Conciliation 6. Arbitration 7. Investment Arbitration 8. The International Court I: Organisation and Procedure 9. The International Court II: The Work of the Court 10. The Law of the Sea Convention 11. International Trade Disputes 12. The United Nations 13. Regional Organisations 14. Trends and Prospects Appendices.

Request an inspection copy

Contents Part I. Foundation of International Dispute Settlement 1. International dispute settlement in perspective 2. Negotiation, good offices and mediation 3. Inquiry and conciliation 4. International dispute settlement through the United Nations 5. Inter-State arbitration 6. International Court of Justice (I): organisation and jurisdiction of the court 7. International Court of Justice (II): law and procedure of the court Part II. International Dispute Settlement in Particular Fields 8. International dispute settlement in the UN Convention on the Law of the Sea 9. The WTO dispute settlement system 10. Peaceful settlement of international environmental disputes 11. Peaceful settlement of disputes involving non-State actors 12. The quest for peace in international law.

Request an inspection copy

28

www.cambridge.org/academic

Economic Law

Employment Law

978110 8 4 62211 CO LLI N S E W I N G M CCO LG A N – L A BO U R L AW COV E R C M Y K

Available Now 2022, 246 x 189 mm, 846 pp 9781108423885 | Hardback (also available as an eBook and Paperback)

Key features: Fully updated with the latest developments in the field Case studies illustrate employment law ‘in action’ Comprehensive text and integrated materials Clear structure and logical chapter organisation

Suitable for undergraduates and postgraduates studying UK labour and employment law, this book is a must-read for those wishing to excel in the field.

Hugh Collins is Vinerian Professor of English Law at the University of Oxford.

K. D. Ewing is Professor of Public Law at King’s College London.

Aileen McColgan is a barrister at 11 KBW and Professor of Law and Social Justice at the University of Leeds.

S E CO N D E D I T I O N

Text, Cases and Materials

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights. As the book places the law in its social, economic and political contexts, and shows how the law works in practice through case studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues.

L A BO U R L AW

Choukroune | Nedumpara

International Economic Law

International Economic Law

‘This new edition offers a timely, authoritative and vivid account of the tribulations of UK labour law in the Age of Austerity. An unparalleled level of detail and contextual analysis of the incessant erosion of trade union and workers’ rights, and the perils connected with a resurgent vision of labour standards, including fundamental labour rights, as a hindrance to competitiveness and economic growth.’

Nicola Countouris, University College London

Collins Ewing McColgan

Leïla Choukroune | James J. Nedumpara

Hugh Collins

K. D. Ewing

Aileen McColgan

L A BO U R L AW S ECO N D E D IT I O N

Available Now 2019, 247 x 174 mm, 1070 pp 9781108462211 | Paperback (also available as an eBook)

Cover illustration: TerenceLeezy / Getty Images.

COV E R D E S I G N E D BY H A RT M C L E O D LT D

International Economic Law

Labour Law

Text, Cases and Materials

Second edition

Leïla Choukroune, University of Portsmouth James J. Nedumpara, Centre for Trade and Investment law

Hugh Collins, University of Oxford Keith Ewing, King’s College London Aileen McColgan, University of Leeds

Reconciling all fields of international economic law (IEL) and creating bridges between disciplines in a conceptual as well as practical manner, this book stands out as the first modern, comprehensive international economic law textbook. Containing a technically solid yet critically rich body of knowledge that spans disciplines from trade law to investment, from trade finance to fisheries subsidies, from development to the digital economy and other new-age topics, the book offers the widest possible coverage of issues in current international economic law. Positioning IEL as a truly global practice, the comprehensive coverage includes various treaty texts, landmark cases and new materials, and is supplemented by case studies, real-life examples, exercises and illustrations. The case extracts and legal texts are selectively chosen, with careful editing and serious deliberation to engage modern law students.

Mini chapters show examples of interdisciplinary interactions and provide a window into the future disciplines of international economic law.

Contents Preface; Introduction; Part I. International Trade Law: 1.

International trade Law: basic principles; 2. Tariff, quotas and preferential trade agreements; 3. Trade in agriculture; 4. Technical barriers to trade and sanitary and phytosanitary measures; 5. Antidumping; 6. Subsidies, countervailing measures and safeguards; 7. Trade-related aspects of intellectual property rights; 8. Trade in services; 9. Trade exceptions; 10. WTO dispute settlement; Part II. International Investment Law: 11. International investment law in the making; 12. International investment law: foundations and sources; 13. International investment agreements: scope, definitions and standards; 14. Settlement of international investment disputes; Part III. Finance, Development and Aid: 15. International monetary law and finance; 16. International development and aid; Part IV. International Economic Law a Crossroads: Contemporary Illustrations of Multidisciplinary Approaches: 1.

International economic law and human rights; 2. New architecture of trade agreements; 3. Digital trade; 4. Economic sanctions; 5.

International taxation; 6. The blue economy.

Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights.

By placing the law in its social, economic and political contexts, and showing how the law works in practice through case-studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues.

Fully updated with recent developments in the field, the text’s clear structure, logical chapter organisation, and uncluttered text design combine to make it a truly accessible way into the subject. Suitable for undergraduates and postgraduates studying UK Labour and Employment law, this book is a must-read for those wishing to excel in the field.

Contents Part I. Introduction: 1. Nature and sources of labour law; 2. Globalisation and labour law; Part II. The Contract of Employment: 3. Terms of the contract of employment; 4.

Authority and co-operation; 5. Flexibility and precarious work; 6.

The personal scope of labour law; Part III. Statutory Regulation of the Employment Relationship: 7. Wages; 8. Working time; 9.

Equality; 10. Work/life balance; 11. Civil liberties at work; Part IV. Collective Labour Rights: 12. Freedom of association and the right to organise; 13. Freedom of association and trade union autonomy; 14. The right to bargain collectively; 15. The right to be informed and consulted; 16. Collective action and the right to strike; 17. Liability for collective action; Part V. Termination of Employment: 18.

Wrongful dismissal; 19. Unfair dismissal; 20. Economic dismissal.

Request an inspection copy

Request an inspection copy

www.cambridge.org/academic

29

Employment, Labour and Industrial Law in Australia

EMPLOYMENT, LABOUR and INDUSTRIAL LAW in Australia FLOYD, STEENSON, COULTHARD, WILLIAMS & PICKERING

-

Employment Law

EMPLOYMENT, LAW

LABOUR and INDUSTRIAL in Australia

Available Now 2017, 247 x 174 mm, 486 pp 9781316622995 | Paperback (also available as an eBook) Louise Floyd, James Cook University William Steenson, University of Technology Sydney Amanda Coulthard, Bond University Daniel Williams, Minter Elison Anne C. Pickering, University of Queensland

Louise FLOYD, William STEENSON

Amanda COULTHARD, Daniel WILLIAMS, Anne C PICKERING

Employment, Labour and Industrial Law in Australia provides a comprehensive, current and accessible resource for the undergraduate and Juris Doctor student. With a social and political background to the law, this text provides insightful legal analysis underscored by practical business experience, while exploring key principles through a close evaluation of laws and lively discussion of prominent cases. Recognising the multi-faceted nature of the subject, the authors have included content on employment, labour and industrial law in the one text, while also presenting critical topics not often dealt with.

To maintain currency within this rapidly changing area of law, the text has a website which will include updates for any major developments in the field as well as responses to end-of-chapter questions. Written by respected academics and practicing lawyers in the field, this book is a relevant and contemporary guide to this fascinating area of law.

• • •

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

Settling the contract: essentials of formation and characterisation The employment contract: implied terms Introduction to the Fair Work Act Bargaining, awards and the National Employment Standards Trade union law and regulation – unions and industrial action The end of the employment relationship Public work Specialist legislation Emerging issues and new frontiers.

Explores employment, labour and industrial law in one volume Contains current and in-depth analysis of trade union regulation Includes content on the public sector, the judiciary and academics, rarely covered in an undergraduate law text book

Request an inspection copy

30

www.cambridge.org/academic

Employment Law

gG Energy Law

Forthcoming Title

This text examines the core Geography concepts of place, space, environment, interconnection, scale, change and sustainability. It covers fundamental geographical knowledge and skills, such as working with data, graphicacy, fieldwork and spatial technology, and provides practical guidance on teaching them in the classroom. Each chapter features short-answer and ‘Pause and Think’ questions to enhance understanding of key concepts, and ‘Bringing It Together’ review questions to consolidate learning. Classroom scenarios and a range of information boxes are provided throughout to connect students to additional material.

ONLINE RESOURCES

www.cambridge.org/ highereducation/ isbn/9781108984638/ resources Resources for students include: • glossary of key terms • weblinks • activities and downloadable worksheets • additional reading material for each chapter.

Written by an author team with extensive teaching experience, Teaching Secondary Geography is an exemplary resource for pre-service teachers.

MALCOLM MCINERNEY is a Lecturer in Humanities Education at the University of South Australia and the Manager for Humanities Projects in the South Australian Department for Education.

JOHN BUTLER OAM teaches methodology and curriculum to future teachers of Geography at Flinders University.

Resources for instructors include PowerPoints for each chapter.

SUSAN CALDIS is a PhD candidate and sessional academic in the Macquarie School of Education at Macquarie University.

STEPHEN CRANBY (recently retired) taught Geography in high schools for 30 years followed by 6 years teaching Geography Method at Monash University.

SUSANNE JONES is a casual academic tutoring in HaSS for the School of Education, University of South Australia.

NEW

Mining and Energy Law

Samantha Hepburn TEACHING SECONDARY GEOGRAPHY

MCINERNEY ET. AL.

Available Now 2016, 254 x 178 mm, 355 pp 9781107432253 | Paperback (also available as an eBook)

TEACHING SECONDARY GEOGRAPHY

Geography is not only the study of the surface of the planet and the exploration of spatial and human–environment relationships, but also a way of thinking about the world. Guided by the Australian Curriculum and the Professional Standards for Teaching School Geography (GEOGstandards), Teaching Secondary Geography provides a comprehensive introduction to both the theory and practice of teaching Geography.

MICK LAW is a geography teacher with a passion for embedding geospatial and other digital tools in his teaching and learning.

ALARIC MAUDE is a retired Associate Professor of Geography, affiliated with Flinders University in Adelaide.

Available March 2023 244 x 170 mm, (approx.) 380 pp 9781009233859 | Paperback (also available as an eBook)

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

REBECCA NICHOLAS <bio to come>

Cover image: © Getty Images/amnarj2006

McInerney_Geo_1pp.indd All Pages

2/5/21 10:52 pm

Equality and Discrimination Law in Australia

Mining and Energy Law

An Introduction

Samantha Hepburn, Deakin University

Beth Gaze, University of Melbourne Belinda Smith, University of Sydney Equality and Discrimination Law in Australia: An Introduction explores four decades of anti-discrimination laws in Australia. Beth Gaze and Belinda Smith argue that effective laws protecting against and deterring discrimination are vital for a fair future, and emphasise the theoretical and social contexts that underpin this area of the law. The text is divided into three sections: the first addresses the social and conceptual context, history and framework of antidiscrimination laws; the second analyses the main elements of the law and the processes of enforcement; and the third explores broader avenues for pursuing equality beyond simply prohibiting discrimination. Written in a clear and concise style, Equality and Discrimination Law in Australia: An Introduction is a vital resource for students.

Contents Part I. Introduction 1. Equality, discrimination and law 2. Historical background to anti-discrimination law 3. Basic framework of legislation Part II. Anti-discrimination Legislation 4. The attributes 5. Prohibited conduct 6. Areas 7. Making rights effective: institutions, procedures and remedies Part III. Alternative Approaches and Options 8. Positive action 9. Employment discrimination and the Fair Work Act 10. Government action to advance equality: human rights and positive measures 11. Equality rights into the future.

Second edition

• • • •

Only Australian text covering mining and energy law Student-focused, rather than primarily directed at practitioners Includes fossil fuel and renewable energy regulation Looks at the impact of climate change upon energy and considers the transition.

Click to receive updates

Contents 1.

2.

3.

4.

5.

6.

Ownership of minerals and natural resources Resource titles: permits, licences, and leases Australian offshore petroleum and minerals regulation The national electricity market: focus upon national gas laws Unconventional gas regulation Renewable energy: regulation, the RET, wind energy, and the market framework 7. Carbon capture sequestration 8. Climate change and energy policy 9. Environmental regulation 10. Mining agreements and revenue frameworks.

Request an inspection copy

www.cambridge.org/academic

31

Environmental Law

Available Now 2018, 246 x 189 mm, 1032 pp 9781108431125 | Paperback (also available as an eBook and Hardback)

Principles of International Environmental Law

Available Now 2018, 247 x 174 mm, 594 pp 9781108438117 | Paperback (also available as an eBook and Hardback)

International Environmental Law Second edition

Fourth edition

Pierre-Marie Dupuy, Graduate Institute of International Studies Jorge E. Viñuales, University of Cambridge

Philippe Sands, University College London Jacqueline Peel, University of Melbourne Adriana Fabra, Universitat de Barcelona Ruth MacKenzie, University of Westminster This new and updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing key foundational principles, governance structures and regulatory techniques, this title explores each of the major areas of international environmental regulation through chapters including climate change, atmospheric protection, water, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is explored through international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

Contents

International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation.

It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.

Contents

Part I. The Legal and Institutional Framework: 1. The environment and international society: issues, concepts and definitions; 2. History; 3. Governance: States, international organisations and non-State actors; 4. International law-making and regulation; 5. Compliance: implementation, enforcement, dispute settlement; Part II. Principles and Rules Establishing Standards: 6. General principles and rules; 7. Atmospheric protection; 8. Climate change; 9. Freshwater resources; 10. Biological diversity; 11. Oceans, seas and marine living resources; 12. Hazardous substances and activities, and waste; 13. The Polar regions: Antarctica and the Arctic; Part III. Techniques for Implementing International Principles and Rules: 14. Environmental impact assessment; 15.

Environmental information and technology transfer; 16. Liability for environmental damage; Part IV. Linkage of International Environmental Law and Other Areas of International Law: 17.

Human rights and international humanitarian law; 18. International economic law: trade, investment and intellectual property; 19.

Future developments.

Part I. Foundations 1. Emergence and development of international environmental law 2. Main features of international environmental law 3. The principles of international environmental law Part II. Substantive Regulation 4. Oceans, seas and freshwater 5. Protection of the atmosphere 6. Species, ecosystems and biodiversity 7. Dangerous substances and activities Part III. Implementation 8. Implementation: traditional approaches 9. Implementation: new approaches Part IV. International Environmental Law as a Perspective 10. Human rights and the environment 11. Environmental dimensions of international security 12. Environmental protection and international economic law.

Request an inspection copy

Request an inspection copy

32

www.cambridge.org/academic

Equity and Trusts

Equity and Trusts in Australia Third edition Option 4 - Acumin Pro Option 4 - Acumin Option 4 - Acumin Pro Pro

NEW

Available November 2022 247 x 174 mm, 480 pp 9781009232388 | Paperback (also available as an eBook) Michael Bryan, University of Melbourne Vicki Vann, Monash University Susan Barkehall Thomas, Monash University

Equity and Trusts in Australia Bundle Third edition 247 x 174 mm 9781009073899 | Paperback

Contents

Equity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students, linking key doctrines to their wider relationship with the law. The text covers foundational topics of equity and trusts law, including the nature of equity, fiduciary relationships and trust structures.

This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts. Each chapter concludes with a guide to the online resources, which encourage students to extend their knowledge of the content through further reading, practice problems and discussion topics.

Written by a team of experienced authors, Equity and Trusts in Australia is an ideal text for students undertaking this area of study for the first time.

A Sourcebook on Equity and Trusts in Australia is also available and provides cases and primary legal materials to accompany Equity and Trusts in Australia.

• • • • •

Crystal clear, clarity with respect to organisation and expression Beautifully written Sophisticated discussion of ideas with a skillful treatment of complex concepts The layout of topics lends itself to easy use and understanding Very well researched.

Part A. Introduction 1. An overview of equity Part B. Equitable Remedies 2. An introduction to equitable remedies 3. Specific performance, injunctions and equitable damages 4. Monetary remedies in equity 5. Rescission, rectification and declarations 6. Bars to relief Part C. Equity, Contract and Property 7. Equity in contract law 8. Equitable proprietary interests 9. Equitable assignments Part D. Equitable Obligations 10. Fiduciary relationships and obligations 11. Participants in a breach of fiduciary obligation 12. Breach of confidence Part E. Express Trusts 13. The concept of the express trust 14. Certainty requirements in the law of trusts 15. Creating an express trust 16. Trusts for charitable and non-charitable purposes Part F. Performing the Trust 17. Trustees’ duties and powers 18. Investment of trust funds 19. Trustees’ rights and liabilities Part G. Breach of Trust 20. Breach of trust: Defences and remedies 21. Tracing Part H. Resulting and Constructive Trusts 22. Resulting trusts 23. Constructive trusts Part I. Terminating and varying trusts 24. Termination and variation of trusts.

Request an inspection copy

www.cambridge.org/academic

33

Equity and Trusts

A Sourcebook on Equity and Trusts in Australia Third edition

NEW

Available December 2022 247 x 174 mm, 700 pp 9781009073912 | Paperback (also available as an eBook) Michael Bryan, University of Melbourne Simone Degeling, University of New South Wales Scott Donald, University of New South Wales Vicki Vann, Monash University

Contents

A Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook.

The third edition has been updated to discuss recent landmark decisions, including Lifeplan Australia Friendly Society Ltd v Ancient Order of Foresters in Victoria Friendly Society Ltd (2018) 265 CLR 1and Smethurst v Commissioner of Police [2020] HCA 14.

Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students’ understanding of complex cases and issues.

Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.

• • • • •

Crystal clear, clarity with respect to organisation and expression Beautifully written Sophisticated discussion of ideas with a skillful treatment of complex concepts The layout of topics lends itself to easy use and understanding Very well researched.

Part A. Introduction 1. An overview of equity Part B. Equitable Remedies 2. An introduction to equitable remedies 3. Specific performance, injunctions and equitable damages 4. Monetary remedies in equity 5. Rescission and rectification 6. Bars to relief Part C. Equity, Contract and Property 7. Equity in contract law 8. Equitable proprietary interests 9. Equitable assignments Part D. Equitable Obligations 10. Fiduciary relationships and obligations 11. Participants in a breach of fiduciary obligation 12. Breach of confidence Part E. Express Trusts 13. The concept of the express trust 14. Certainty requirements in the law of trusts 15. Creating an express trust 16. Trusts for charitable and non-charitable purposes Part F. Performing the Trust 17. Trustees’ duties and powers 18. Investment of trust funds 19. Trustees’ rights and liabilities Part G. Breach of Trust 20. Breach of trust: Defences and remedies 21. Tracing Part H. Resulting and Constructive Trusts 22. Resulting trusts 23. Constructive trusts Part I. Terminating and varying trusts 24. Termination and variation of trusts.

Request an inspection copy

34

www.cambridge.org/academic

Evidence Law

Australian Uniform Evidence Law Second Edition

Hum, Urbas, Quirico Australian Uniform Evidence Law

Australian Uniform Evidence Law Second Edition

Fiona Hum Gregor Urbas Ottavio Quirico

NEW

Available Now 2022, 245 x 170 mm, 640 pp 9781009010726 | Paperback (also available as an eBook) Fiona Hum, Monash University Gregor Urbas, Australian National University Ottavio Quirico, University of New England

Second Edition

Now in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of evidence law. Cases and excerpts from legislation have been selected to guide students through the application of the Act. This edition has been updated to include significant recent case examples and decisions. Each chapter includes a summary of key points, definitions and practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex problems designed to test students’ understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are provided so students can check their understanding. Providing clear explanations and examples, Australian Uniform Evidence Law is an essential resource for all students of evidence law.

• Written for students first and foremost • Written for a one semester course • End of chapter questions, with separate last chapter with extra problems and answers to all questions in the text.

Contents 1. Introduction 2. Adducing evidence 3. Relevance 4. Hearsay 5. Opinion 6. Admissions 7. Tendency and coincidence 8. Credibility 9. Character 10. Identification evidence 11. Privileges 12. Discretionary and mandatory exclusions 13. Facilitation of proof and ancillary matters 14. Putting it all together: extended practice problems Suggested answers to practice problems.

Request an inspection copy

www.cambridge.org/academic

35

archana parashar francesca dominello

Appealing to students and academic scholars alike, the text moves beyond traditional medical law frameworks to provide a broader contextual understanding of the way in which law intersects with health.

A clear and accessible style of writing combined with a sophisticated and nuanced approach takes this rich and challenging field to a new level of analysis.

Available Now 2017, 247 x 174 mm, 474 pp 9781107561793 | Paperback (also available as an eBook)

Written by respected academics within the field, Health Law: Frameworks and Context is essential reading for scholars and students looking to grasp the fundamental concepts of this rapidly expanding area of law, as well as those who wish to deepen their knowledge and understanding of health law in Australia and internationally.

Anne-Maree Farrell Professor and Chair of Health Law and Society, ARC Future Fellow and Director, Centre for Health Law and Society, La Trobe University, Melbourne.

John Devereux Professor of Law, TC Beirne School of Law, University of Queensland.

Isabel Karpin Professor of Law, Faculty of Law, University of Technology, Sydney.

Penelope Weller Associate Professor, Graduate School of Business and Law, RMIT University, Melbourne.

Cover image © Getty Images/Stanislaw Pytel

The Family in Law

Studying family law Family law and its institutions Marriage and marriage-like relationships Divorce and violence in family law Financial relations Spousal maintenance Private ordering of financial relations Children in family law: child-related disputes under the Family Law Act 9. Children in court proceedings 10. Child maintenance and support and the wider social context of Australian family law 11. Family regulation: abortion and child protection 12. Children and family formation: adoption and reproductive technologies.

Request an inspection copy

36

Anne-Maree Farrell, John Devereux, Isabel Karpin and Penelope Weller

Available Now 2017, 247 x 174 mm, 428 pp 9781107455474 | Paperback (also available as an eBook)

Frameworks and Context

The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law’s focus on the nuclear family as the default model is central to the book’s discourse, which contains in-depth discussions of the key areas of family law – marriage, divorce, children and property matters. Written for Australian legal actors – whether students, academics or professionals – readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.

1.

2.

3.

4.

5.

6.

7.

8.

FRAMEWORKS AND CONTEXT

Health Law

Archana Parashar, Macquarie University Francesca Dominello, Macquarie University

Contents

health law

Farrell/Devereux/Karpin/Weller

FAMILY IN L AW

9781107455474 FARRELL/DEVEREAUX/KARPIN/WELLER - HEALTH LAW CMYK

THE

PAR A SHAR & DOMINELLO

book ation r

Drawing upon a range of disciplinary perspectives, Health Law: Frameworks and Context adopts a theoretically informed and principles-based approach to examining health law.

H E A LT H L AW

sionals. nd nd

Health Law

FRAMEWORKS AND CONTEXT

rriage, sisted

T HE FAMILY IN L AW

ential rical

Family Law

Edited by Anne-Maree Farrell, La Trobe University John Devereux, University of Queensland Isabel Karpin, University of Technology Sydney Penelope Weller, RMIT University Health Law: Frameworks and Context adopts a theoretically informed and principles-based approach to examining health law. Appealing to students and academic scholars alike, the text moves beyond traditional medical law frameworks to provide a broader contextual understanding of the way in which law intersects with health.

Contents Introduction; 1. Health law: frameworks and context; Part I. Frameworks: Section A. Theories, Perspectives and Ethics in Health: 2. Philosophical bioethics and health law; 3. Socio-legal perspectives on patient-doctor relations; 4. Social determinants of health and the role of law; 5. Health and human rights law; Section B. Institutions and Regulation: 6. The regulatory framework for health in Australia; 7. Regulating health professionals; 8. Regulating patient safety and redress; Part II. Context: Section A. Patients, Doctors and Health Care: 9. Consent to medical treatment; 10. Substituted decision-making; 11. Medical negligence; 12.

Confidentiality, privacy and access to information; Section B. Law at the Beginning and the End of Life: 13. Regulating reproduction; 14. Regulating emerging reproductive technologies; 15. Withdrawal and withholding of medical treatment; 16. Euthanasia and assisted suicide; Section C. Law and the Human Body: 17. Organ and tissue donation and transplantation; 18. Property and human tissue; 19. Biobanks; 20. Human genetics and the law; Section D. Law and Populations: 21. Indigenous health and the law; 22. Health law and people with disability; 23. Mental health law; 24. Public health law; 25. Global health and the law.

Request an inspection copy

www.cambridge.org/academic

Intellectual Property Law

Australian Intellectual Property Law C

Fourth edition

FOURTH EDITION

Available Now 2020, 247 x 174 mm, 808 pp 9781108746953 | Paperback (also available as an eBook)

AUSTRALIAN INTELLECTUAL PROPERTY LAW

Mark J. Davison, Monash University Ann L. Monotti, Monash University Leanne Wiseman, Griffith University

MARK J. DAVISON ANN L. MONOTTI LEANNE WISEMAN

The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder’s Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law, commencing with copyright, then followed by design law, confidential information, patents, plant breeder’s rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.

CUP : Davison – Australian Intellectual Property Law Rd 2

CATE FUREY, 2019

•

Offers coverage, structure and clarity of exposition with clear and concise language

•

Strikes the right balance in terms of breadth of material covered and the depth in which it is explored

•

Written by highly respected researchers in the field.

Contents Part I. Introduction 1. Introduction Part II. Copyright, Designs and Related Rights 2. Copyright: introduction 3. Copyright: subsistence 4. Copyright: authorship, first ownership, and nature and duration of rights 5. Copyright: exploitation, infringement and defences 6. Areas related to copyright: moral rights, performers’ rights, artist’s resale rights, and other related rights 7. Designs Part III: Confidential information, patents and plant breeder’s rights 8. Equitable doctrine of breach of confidence 9. Patents for inventions: introduction 10. Patents for inventions: validity 11. Patents for inventions: allocation of rights and ownership, the Register and dealings 12. Patents for inventions: exploitation, infringement and revocation 13. Plant breeder’s rights Part IV. Trade Marks 14. Passing off 15. Registered trade marks 16. Exploitation of registered trade marks Part V. Enforcement of Rights 17. Remedies and miscellaneous issues.

Request an inspection copy

www.cambridge.org/academic

37

International Economic & Trade Law/WTO law

Van den Bossche and Zdouc

The Law and Policy of the WORLD TRADE ORGANIZATION

Peter Van den Bossche and Werner Zdouc

Peter Van den Bossche and Denise Prévost

The Law and Policy of the

Essentials of

WORLD TRADE

ORGANIZATION Text, Cases, and Materials

FIFTH EDITION

Available Now 2021, 244 x 170 mm, 1220 pp 9781108747103 | Paperback (also available as an eBook and Hardback)

WTO LAW SECOND EDITION

Available Now 2021, 244 x 170 mm, 350 pp 9781108793629 | Paperback (also available as an eBook and Hardback)

FIFTH EDITION

The Law and Policy of the World Trade Organization Text, Cases, and Materials Peter Van den Bossche Werner Zdouc Since the publication of its first edition, this textbook has been the prime choice of teachers and students alike, due to its clear and detailed explanation of the basic principles of the multilateral trading system and the law of the World Trade Organization (WTO). The fifth edition continues to explore the institutional and substantive law of the WTO. It has been updated to incorporate all new developments in the WTO’s ever-growing body of case law. Moreover, each chapter includes a ‘Further Readings’ section to encourage and facilitate research and discussion on the topics addressed. As in previous editions, each chapter also features a summary to reinforce learning. Questions, assignments, and exercises on WTO law and policy are contained in an online supplement, updated regularly. This textbook is an essential tool for all WTO law students and will also serve as a practitioner’s introductory guide to the WTO.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

International trade and the law of the WTO The World Trade Organization WTO dispute settlement Most-favoured-nation treatment National treatment Tariff barriers Non-tariff barriers General and security exceptions Economic emergency exceptions Regional trade exceptions Dumping Subsidies Technical barriers to trade Sanitary and phytosanitary measures Intellectual property rights.

Second edition Peter Van den Bossche, University of Bern Denise Prévost, University of Maastricht

Fifth edition

Contents

Essentials of WTO Law

The multilateral trading system and the WTO, its principal institution, are currently in crisis. Now more than ever, it is essential to provide a sound understanding of WTO rules and procedures, and their contribution to a secure and predictable framework for trading relations between nations. This book provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO, written in a concise and highly readerfriendly manner. It provides a clear and systematic discussion of key issues of WTO law, and incorporates important case law and current debates. It includes useful pedagogical features such as illustrative examples of the application of the legal framework to practical situations to facilitate understanding, as well as lists of further reading. Co-written by a leading authority in the field, it forms essential reading for anyone who wants to get to grips with this fascinating and challenging field of law.

Contents 1. International trade and the law of the WTO 2. The Word Trade Organization 3. The WTO dispute settlement system 4. Rules on non-discrimination 5. Rules on market access 6. Trade liberalisation and other societal values and interests 7. Rules on unfair trade 8. Rules regarding harmonisation of national regulation Online resources.

Request an inspection copy

Request an inspection copy

38

www.cambridge.org/academic

International Economic & Trade Law/WTO law

International Human Rights Law

Author

Cher Weixia Chen Alison Dundes Renteln

NEW

Title

Commentary, Awards and other Materials C. L. Lim, Jean Ho and Martins Paparinskis

S E CO N D EDITION

International

Human Rights

Available Now 2021, 244 x 170 mm, 682 pp 9781108823203 | Paperback (also available as an eBook and Hardback)

International Investment Law and Arbitration

A Survey

Available September 2022 246 x 189 mm, 400 pp 9781108735384 | Paperback (also available as an eBook and Hardback)

International Human Rights A Survey

Commentary, Awards and other Materials

Cher Weixia Chen, George Mason University Alison Dundes Renteln, University of Southern California

Second edition C. L. Lim, The Chinese University of Hong Kong Jean Ho, National University of Singapore Martins Paparinskis, University College London A fully revised new edition which brings together awards and other key materials with up-to-date commentary explaining the past, current and potential developments in arbitral jurisprudence and current reform debates. Includes a new chapter critical to understanding calls for arbitration reform, and over 60 additional awards and judicial decisions.

Contents Foreword; Preface; List of abbreviations; 1. The origins of investment protection and international investment law; 2. Investment contracts and internationalisation; 3. The metamorphosis of investment treaties; 4. Investment dispute settlement; 5. Jurisdiction, admissibility and parallel proceedings; 6. Applicable laws; 7.

Arbitrators; 8. Evidence; 9. Provisional measures; 10. Protected Investments; 11. Protected investors; 12. Fair and equitable treatment, and full protection and security ; 13. Contingent standards: national treatment and most-favoured nation treatment; 14. Expropriation; 15. Umbrella clauses; 16. Defences; 17. Remedies; 18. Costs and legal fees; 19. Challenging and enforcing awards, and the question of foreign state immunities; 20. New directions in international investment law and arbitration.

This book adopts an interdisciplinary approach to international human rights issues. It takes a holistic international perspective and focuses on understudied topics, such as socio-economic, cultural and environmental rights, and the rights of marginalized groups, including children, persons with disabilities, women, indigenous peoples and LGBTQ+.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Introduction: overview of human rights Human rights machinery: enforcement mechanisms Genocide Torture The death penalty and cruel, degrading, and inhuman punishments Socio-economic rights Cultural rights Environmental protection and human rights Indigenous rights Disability and human rights Labor rights as human rights Children’s rights Women’s rights LGBTQ+ rights Media and human rights: freedom of expression and of the press, access to information, and the right to privacy Conclusion: the future of human rights.

Request an inspection copy Request an inspection copy

www.cambridge.org/academic

39

International Human Rights Law

INTERNATIONAL HUMAN RIGHTS LAW AND PRACTICE Ilias Bantekas and Lutz Oette Third Edition

Available Now 2019, 247 x 174 mm, 1146 pp 9781108463560 | Paperback (also available as an eBook)

International Human Rights Law

Available Now 2020, 247 x 174 mm, 1018 pp 9781108711753 | Paperback (also available as an eBook)

Cases, Materials, Commentary

International Human Rights Law and Practice

Third edition

Third edition

Olivier De Schutter, Université Catholique de Louvain

Ilias Bantekas, Hamad bin Khalifa University Lutz Oette, School of Oriental and African Studies, University of London

International human rights law has expanded remarkably since the 1990s. It is therefore more important than ever to identify, beyond specific controversies, its deeper structure and the general pattern of evolution. Moreover, it has a logic of its own: though part of international law, it borrows many of its principles from domestic constitutional law. This leading textbook meets both challenges. It has been significantly updated for the new third edition, introducing sections on subjects including business and human rights, amongst other key areas. Features include forty new cases from various jurisdictions or expert bodies, and figures offering visual descriptions of the procedures discussed in the text. The ‘questions for discussion’ have also been systematically updated. The text retains its student-friendly design, and the features which made the previous editions so engaging and accessible remain. This popular textbook continues to be an essential tool for all students of human rights law.

Contents Part I. The Sources 1. The rise of international human rights 2. State responsibility and ‘jurisdiction’ Part II. The Substantive Obligations 3. Respecting human rights: avoiding interference 4. Protecting human rights: regulating private actors 5. Fulfilling human rights: progressive realization 6. Derogations in time of public emergency 7. The prohibition of discrimination Part III. The Mechanisms of Protection 8. Ensuring compliance with international human rights law: the role of national authorities 9. The United Nations human rights treaties system 10. The United Nations Charter-based monitoring of human rights 11. Regional mechanisms of protection.

Request an inspection copy

40

A human rights textbook that combines law with practice and several other disciplines, including international relations, economics and anthropology, accurately demonstrating whether and how law meets the practice of human rights. Suitable for lawyers and anyone interested in learning about human rights, irrespective of background.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

International human rights law and notions of human rights: foundations, achievements and challenges International human rights law: the normative framework Human rights in practice The United Nations Charter system The UN human rights treaty system Regional human rights treaty systems Individual complaints procedures Civil and political rights Economic, social and cultural rights Group rights: self-determination, minorities and indigenous peoples The human rights of women Children’s rights The recognition and protection of the human rights of vulnerable groups and persons The right to development and sustainable development Victims’ rights and reparation The application of human rights in armed conflict Human rights and international criminal justice Human rights and counter-terrorism Human rights obligations of non-state actors Globalisation and its impact on human rights.

Request an inspection copy

www.cambridge.org/academic

rd Law School

omplex body of ings. This work erence guide in

hes its concise tion of warfare ar. It will be as edition is even s.”

Second Edition

In addition to standard instruments such as the Universal Declaration, the 1966 United Nations Covenants and the European Convention and its Protocols, the volume also features topics and documents such as all core UN human rights treaties and their protocols, key international labour instruments and the obligations of the global financial organisations and multi-national corporations. Taking a broad and historical approach, the collection also incorporates InterAmerican, African, Asian and Arab instruments alongside older UN documents and numerous soft law documents. Its approach reflects the diverse nature of international human rights law and the courses which now seek to teach it. This book is also valuable for students of international law, global governance and other courses which discuss the law of international human rights.

Available Now 2020, 247 x 174 mm, 382 pp 9781108727716 | Paperback (also available as an eBook) Urfan Khaliq is Professor of Public International and European Laws at Cardiff University. He is the prize-winning author of Ethical Dimensions of the Foreign Policies of the EU (Cambridge, 2008) and has taught international human rights law for over twenty years.

Professor Khaliq has advised and worked on international human rights matters with international organisations and NGOs and has also advised a number of governments on international human rights law issues.

International Human Rights Law Documents

useful for uncertainties enges.

This accessible collection of important international human rights documents is an essential resource for students and researchers of international human rights law.

Khaliq

ternational

EMILY CRAWFORD ALISON PERT

9781316614792 Khaliq PB C M Y K

hes and

International Humanitarian Law Second Edition

ct, rotection of

CRAWFORD AND PERT

continues to holarly, and rehensive and evant cases, d emerging llowing for aw of armed

International Human Rights Law

CAMBRIDGE STATUTES HIGHLIGHTING KEY LEGISLATION

International Human Rights Law Documents

Available Now 2018, 247 x 174 mm, 860 pp 9781316614792 | Paperback (also available as an eBook)

Urfan Khaliq

International Humanitarian Law Second edition

Urfan Khaliq, Cardiff University

Emily Crawford, University of Sydney Alison Pert, University of Sydney The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twentyfirst century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.

Contents Introduction 1. Historical development of international humanitarian law 2. The contemporary legal basis of international humanitarian law and its fundamental principles 3. Types of armed conflict 4. Individual status in armed conflict: combatants, noncombatants, direct participation in hostilities, prisoners of war and detention in non-international armed conflicts 5. Protection of the wounded, sick and shipwrecked 6. The law of occupation and the protection of civilians 7. Targeting 8. Means and methods of warfare 9. Implementation, enforcement and accountability 10. Conclusion.

Request an inspection copy

International Human Rights Law Documents This accessible collection of important international human rights documents is an essential resource for students and researchers of international human rights law. In addition to standard instruments such as the Universal Declaration, the 1966 United Nations Covenants and the European Convention and its Protocols, the volume also features topics and documents such as all core UN human rights treaties and their protocols, key international labour instruments and the obligations of the global financial organisations and multi-national corporations. Taking a broad and historical approach, the collection also incorporates Inter-American, African, Asian and Arab instruments alongside older UN documents and numerous soft law documents. Its approach reflects the diverse nature of international human rights law and the courses which now seek to teach it. This book is also valuable for students of international law, global governance and other courses which discuss the law of international human rights.

Contents Section A. Global documents Part I. Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations Part II. Declarations, Standard Setting and other Relevant Documents Adopted under the Auspices of the United Nations Relating Directly to Human Rights Issues Part III. UN Human Rights Institutions and Complaints Mechanisms and Procedures Part IV. UN World Conferences and Summits Part V. International Labour Organization Documents Part VI. International Financial Institutions Section B. Regional Documents Part VII. African Union Documents Part VIII. Association of Southeast Asian Nations (ASEAN) Documents Part IX. Council of Europe Documents Part X. Organization of American States Document Part XI. Organization of Islamic Cooperation, Arab and Islamic States Part XII. Miscellaneous Documents.

Request an inspection copy

www.cambridge.org/academic

41

Introduction to Law

Learning Law

Includes bonus enhanced eBook

LEARNING LAW

Second edition

SECOND EDITION Anthony Marinac Caroline Hart Rhianna Chisholm Jennifer Nielsen Adrian Evans Asmi Wood Sarah McKibbin

Available Now 2020, 255 x 190 mm, 486 pp 9781108908191 | Paperback (also available as an eBook) Anthony Marinac, James Cook University Caroline Hart, University of Southern Queensland Rhianna Chisholm, Curtin University of Technology Jennifer Nielsen, Southern Cross University Asmi Wood, Australian National University Adrian Evans, Monash University Sarah McKibbin, University of Southern Queensland

Learning Law is an accessible and engaging introduction to Australian law for students considering a career in the legal profession. This text teaches students how to deal with legislation and cases, focusing on core topics and contextualisation. This second edition has been thoroughly updated and revised, with significant changes including: six new chapters – First Peoples and the law, research, the ethical lawyer, statutory interpretation, lawyers and clients, becoming a lawyer – more coverage of parliaments and courts, new Living Law boxes that showcase the diverse career paths available to law graduates and new Critical Perspective boxes to engage students with critical analysis. Written in a conversational style, Learning Law will leave students feeling more knowledgeable about, and confident in, their interactions with Australian legal institutions and legal professionals. This text is an essential resource that law students will refer to throughout their studies and in the early stages of their career.

•

Written in an engaging style designed to demystify the law and get students excited about their law studies and careers

•

Includes a fully integrated interactive ebook, replete with useful links and videos as well as extension and revision questions that allow students to test their own knowledge as they go

•

Encourages students to think critically about the future of the law profession by including ‘Critical Perspectives’ boxes and ‘Living Law’ case studies that highlight the diversity of career opportunities available to law graduates.

Contents Part I. Law, Lawyers and Justice 1. Welcome to the law 2. History and justice 3. First Peoples and the law Part II. Legal Institutions 4. Parliamentary institutions 5. The courts Part III. Learning the Laws 6. Categories of law 7. Statute law 8. The common law 9. Understanding statutes Part IV. Research and Persuasion 10. Frameworks for legal thinking 11. Equality, difference and law 12. Analysing and persuading 13. Finding the law 14. Grappling with facts Part V. Profession and Community 15. The Ethical Lawyer 16. Lawyers and Clients 17. Becoming a Lawyer.

Request an inspection copy

42

www.cambridge.org/academic

Jurisprudence

Law of Armed Conflict

Available Now 2017, 228 x 152 mm, 470 pp 9781316621172 | Paperback (also available as an eBook)

Available Now 2021, 254 x 178 mm, 850 pp 9781108926935 | Paperback (also available as an eBook and Hardback)

Jurisprudence

The Law of Armed Conflict

Third edition

International Humanitarian Law in War

Suri Ratnapala, University of Queensland

Third edition

The third edition of Jurisprudence offers a logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy. Written primarily for undergraduate students, it examines and demystifies the discipline’s major ideas, and promotes a richer understanding of the social, moral and economic dimensions of the law. By locating the major traditions of jurisprudence within the history of ideas, the author deepens students’ understanding of the perennial debates about the nature and function of law and its relation to justice. Fully revised and updated, with new materials on all topics, Suri Ratnapala’s Jurisprudence remains an essential text for students and researchers of jurisprudence and legal theory.

Gary D. Solis, United States Military Academy

Contents 1. Introduction Part I. Law As It Is 2. British legal positivism: philosophical roots and command theories 3. Herbert Hart’s new beginning and new questions 4. Germanic legal positivism: Hans Kelsen’s quest for the pure theory of law 5. Realism in legal theory Part II. Law and Morality 6. Natural law tradition from antiquity to the Enlightenment 7. John Finnis’ restatement of classical natural law 8. Separation of law and morality Part III. Social Dimensions of Law 9. Sociological jurisprudence and sociology of law 10. Radical jurisprudence: challenges to liberal legal theory 11. Economic analysis of law 12. Evolutionary jurisprudence Part IV. Rights and Justice 13. Fundamental legal conceptions: the building blocks of legal norms 14. Justice.

Request an inspection copy

This book introduces law students and undergraduates to the law of war in an age of terrorism. Gary D. Solis, who has more than twenty years of experience teaching these subjects, leads readers from the basics of armed conflict and international humanitarian law to the finer points of battlefield law.

Contents Foreword Preface and acknowledgments 1. Rules of war, laws of war 2. Codes, conventions, declarations, and regulations 3. Two world wars and their law of armed conflict results 4. Protocols and politics 5. Conflict status 6. Individual battlefield status 7. Law of armed conflict’s core principles 8. What is a ‘war crime’?

9. Obedience to orders, the first defense 10. Command responsibility 11. Ruses and perfidy 12. Rules of engagement 13. Targeting objects 14. Targeting combatants and others 15. AI, autonomous weapons, drones, and targeted killing 16. Torture 17. Cyber in the law of armed conflict 18. Attacks on cultural property 19. The 1980 certain conventional weapons convention 20. Gas, biological, chemical and nuclear weapons 21. Military commissions 22. Security detention.

Request an inspection copy

www.cambridge.org/academic

43

Law of Armed Conflict

nisi ut

Henderson

od tempor

Leadership Law of Armed Conflict

sunt in

ht

emics emporary,

chool. national e on the

The Use of Force and International Law

w of rism of including is book

The

Use of Force

Available Now 2018, 247 x 174 mm, 438 pp 9781107692008 | Paperback (also available as an eBook and Hardback)

Available Now 2017, 228 x 152 mm, 440 pp 9781316641668 | Paperback (also available as an eBook and Hardback)

and International

Law

Christian Henderson

The Use of Force and International Law

War, Aggression and Self-Defence

Christian Henderson, University of Sussex

Yoram Dinstein, Tel-Aviv University

The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by ‘force’, the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, and the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.

War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated 6th edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of ‘robust’ mandates of a peacekeeping force. Suitable for graduate and advanced undergraduate students, this market-leading book offers a wideranging and highly readable introduction to the legal issues surrounding war and self-defence.

Sixth edition

Contents Part I. The Prohibition of the Threat or Use of Force 1. The general breadth and scope of the prohibition of the threat or use of force 2. The meaning of ‘force’ Part II. The Use of Force in the Context of Collective Security 3. The use of force under the auspices of the United Nations 4. Issues in relation to authorisation by the United Nations Security Council 5. United Nations peacekeeping and the use of force Part III. The Use of Force in Self-Defence 6. General aspects of the right of self-defence 7. Preventative self-defence 8. The use of force against non-State Actors Part IV. Forcible Intervention in Situations of Civil Unrest 9. Consent to intervention and intervention in civil wars 10. The doctrine of humanitarian intervention Concluding remarks. quest an inspection copy

Contents Part I. The Legal Nature of War 1. Armed conflict, war and neutrality 2. The course of war Part II. The Illegality of War 3. Historical perspective of the legal status of war 4. The contemporary prohibition of the use of inter-State force 5. The crime of aggression 6. Controversial consequences of the change in the legal status of war Part III. Exceptions to the Prohibition of the Use of Inter-State Force 7. The concept of self-defence 8. The modalitIies of individual self-defence 9. Collective self-defence 10. Collective security Conclusion.

Request an inspection copy

Request an inspection copy

44

www.cambridge.org/academic

gG

/

ts

ms

loadable

Forthcoming Title

Parker & Evans’s Inside Lawyers’ Ethics Fourth Edition

TEACHING SECONDARY GEOGRAPHY

S

Legal Ethics

Parker & Evans’s Inside Lawyers’ Ethics

NEW

Available January 2023 244 x 170 mm, (approx.) 420 pp 9781009045636 | Paperback (also available as an eBook)

material

tors for each

MCINERNEY ET. AL.

Holmes & Bartlett TEACHING SECONDARY GEOGRAPHY

Vivien Holmes, Australian National University Francesca Bartlett, University of Queensland

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

2/5/21 10:52 pm

Parker and Evans’s Inside Lawyers’ Ethics provides a practical and engaging introduction to ethical decision-making in legal practice in Australia.

Underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care – this text analyses legal and professional frameworks in the Australian context. Relevant parts of the Australian Solicitors’ Conduct Rules are highlighted, and the accompanying text provides guidance on professional obligations. Case studies and discussion questions offer contemporary, practical examples of the application of ethics in legal practice for both students and practising lawyers. The book also addresses the challenge of ethical action and offers skills and techniques to deal with ethical conflicts.

The fourth edition has been comprehensively updated and discusses the implications of advances in legal technology, mental ill-health in the profession and the complexities of government legal practice. A new chapter covers lawyers’ ethical obligation to address the legal challenges posed by climate change and environmental damage.

Written by an expert author team, Parker and Evans’s Inside Lawyers’ Ethics empowers readers to identify ethical challenges and resolve them through good decision-making practices

New to this edition; • Provides more explanation as to why there is conflict between ideal principles and how lawyers behave in a business context.

• Provides links from ethical principles to ethical practice for students who have limited experience.

• Introduces new, and updates existing case studies with more analysis, context and guidance addressing principles v practice.

• Introduces new content on the ethical challenges posed by the advances in legal technology and artificial intelligence.

• Includes a new chapter on the ethical obligations lawyers have in relation to climate change and environmental damage.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

Introduction: values in practice Approaches to ethical lawyering Professionalism and the regulation of lawyers’ ethics Confidentiality: boundaries and disclosure Ethics in criminal justice Ethical challenges in civil dispute resolution Conflicting loyalties Lawyers’ fees and costs: communicating well with clients and avoiding over-charging 9. Corporate and government lawyers 10. Lawyers’ ethics in the Anthropocene 11. Conclusion: values and legal professionalism Appendix: Part 1 – self-assessment of legal ethical preferences Appendix: Part 2 – scale to self-assess legal ethical preference.

Request an inspection copy

www.cambridge.org/academic

45

Private Law

Remedies Cases and Materials in Australian Private Law

NEW REMEDIES

REMEDIES

Cases and Materials in Australian Private Law

Cases and Materials in Australian Private Law

Available January 2023 244 x 17 mm, 600 pp 9781108811972 | Paperback (also available as an eBook)

Barnett Yin Allcock

Katy Barnett, University of Melbourne Kenneth Yin, Edith Cowan University Martin Allcock, Edith Cowan University

Katy Barnett Kenneth Yin Martin Allcock

Contents Remedies Cases and Materials in Australian Private Law presents a selection of cases and legislation to introduce students to the remedies available under Australian law. It offers the depth and context required to understand and analyse the application of private law remedies.

Developed to accompany the second edition of Remedies in Australian Private Law, and following that book’s accessible and systematic structure, this casebook contains carefully curated extracts from landmark cases, legislation and secondary sources. The selected extracts offer a comprehensive yet concise guide to the application of remedies and cover topics including the Australian Consumer Law, torts, contract, vindicatory damages and coercive remedies.

Each chapter includes clear explanations of topics and links to material in the principles text, along with flowcharts and diagrams to summarise complex cases and concepts. Review questions throughout each chapter encourage students to analyse decisions from important cases and test their knowledge progressively.

Written by an expert author team, Remedies Cases and Materials in Australian Private Law is an invaluable resource which enables students to understand remedial law and identify appropriate remedial solutions.

• • • • • •

Selection of cases and legislation to introduce students to the remedies available under Australian law Carefully curated extracts from landmark cases, legislation and secondary sources Offers depth and context Comprehensive yet concise Flowcharts and diagrams to summarise complex cases and concepts Instructor resources for adopters

1. Introduction Part 1. General Principles of Compensation 2. Assessment of compensation 3. Attribution of responsibility 4. Multiple wrongdoers Part 2. Compensation in Specific Contexts 5. Compensation for breach of contract 6. Compensation in tort 7. Compensation for personal injury and death 8. Compensation under the Australian Consumer Law 9. Equitable compensation for equitable wrongs Part 3. Remedies Compelling Performance and Related Remedies 10. Specific performance 11. Injunctions 12. ‘Equitable damages’ or Lord Cairns’ Act damages Part 4. Remedies as Vindication 13. Self-help remedies 14. Exemplary damages and aggravated damages 15. Apologies and declaratory relief Part 5. Account of Profits and Other Gain-based Relief for Wrongs 16. Disgorgement of gains and ‘reasonable fee’ damages Part 6. Restitution and Giving Back 17. Personal remedies for unjust enrichment 18. Rescission Part 7. Proprietary Remedies 19. Proprietary remedies Part 8. Enforcement of Remedies.

20. Enforcement of remedies.

Request an inspection copy

46

www.cambridge.org/academic

Private Law

Remedies in Australian Private Law Second edition

REMEDIES in Australian

Private Law SECOND EDITION

Available Now 2018, 247 x 174 mm, 580 pp 9781108404754 | Paperback (also available as an eBook) Katy Barnett, University of Melbourne Sirko Harder, University of Sussex

Katy Barnett Sirko Harder

Contents The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies.

With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.

•

A clear, comprehensive and accessible text on remedies’ principles for students

•

Provides a logical map of the law of remedies which helps students understand the connections

•

The book is thoroughly updated and includes extended discussions, new sections and reorganisation of content

1. Introduction Part I. General Principles of Compensation 2. Assessment of compensation 3. Attribution of responsibility 4. Multiple wrongdoers Part II. Compensation in Specific Contexts 5. Compensation for breach of contract 6. Compensation in tort 7. Compensation for personal injury and death 8. Compensation under the Australian Consumer Law 9. Equitable compensation for equitable wrongs Part III. Remedies Compelling Performance and Related Remedies 10. Specific performance 11. Injunctions 12. ‘Equitable damages’ or Lord Cairns’ Act damages Part IV. Remedies as Vindication 13. Self-help remedies 14. Exemplary damages and aggravated damages 15. Apologies and declaratory relief Part V. Account of Profits and Other Gain-based Relief for Wrongs 16. Disgorgement of gains and ‘reasonable fee’ damages Part VI. Restitution and Giving Back 17. Personal remedies for unjust enrichment 18. Rescission Part VII. Proprietary Remedies 19. Proprietary remedies Part VIII. Enforcement of Remedies 20. Enforcement of remedies.

Request an inspection copy

www.cambridge.org/academic

47

m w ity t.

aw

d nd

he

Australian Property Law Principles to Practice NEW

A U S T R A L I A N P R O P E R T Y L AW

l

Property Law

INCLUDES

BONUS

ENHANCED EBOOK

AUSTRALIAN PR OPERT Y L AW P R I N C I P L E S

TO

P R AC T I C E

Available November 2022 247 x 174 mm, (approx.) 830 pp 9781009067096 | Paperback (also available as an eBook)

MICHAEL NANCARROW PENELOPE CARRUTHERS STEVEN WHITE

NANCARROW, CARRUTHERS, WHITE, BOGE, CUDMORE, DI CARLO

CHRISTOPHER BOGE DOMINIC CUDMORE ASTRID DI CARLO

Michael Nancarrow, Macquarie University Penny Carruthers, University of Western Australia Steven White, Griffith University Christopher Boge Dominic Cudmore Astrid Di Carlo

Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia.

Contents

Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems.

Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.

• • •

Perspectives on property Technological transformation of property law and practice Possession of goods and land Security interests in property Property registration systems Tenure, estates and future interests Indigenous land rights and native title Real property: Crown lands Equitable property and priorities Occupation of land: General law, retail and residential leases Social and community housing Community of ownership Rights and limits to land use Ethical issues in contemporary property law.

Links black letter law doctrine to practical examples Covers real and personal property Chapters cover content not found in other texts including indigenous statutory title and community housing

Request an inspection copy

48

www.cambridge.org/academic

Property Law

Public International Law

Marko Milanovic, Professor of Public International Law, Faculty of Social Sciences, University of Nottingham “In this compact volume, a very talented group of writers have deftly summarized the field of public international law, providing a basic but nuanced account of both its foundations and key subject matter areas.

For those new to the field, this book is a great place to start.”

An Introduction to

Written for students working in a range of disciplines, this textbook provides an accessible, balanced, and nuanced introduction to the field of public international law. It explains the basic concepts and legal frameworks of public international law while acknowledging the field’s inherent complexities and controversies. Featuring numerous carefully chosen and clearly explained examples, it demonstrates how the law applies in practice, and public international law’s pervasive influence on world affairs, both past and present. Aiming not to over-emphasize any particular domestic jurisprudence or research interest, this textbook offers a global overview of public international law that will be highly valuable to any student new to the study of this very significant field.

Public International Law

Sean D. Murphy, Manatt/Ahn Professor of International Law, George Washington University; Member, UN International Law Commission

Available Now 2016, 247 x 174 mm, 400 pp 9781107572652 | Paperback (also available as an eBook)

Cecily Rose et al.

“An excellent and up-to-date introductory textbook on international law, which will be useful for students with and without a legal background.”

An Introduction to

Public International Law Cecily Rose et al.

NEW

Available Now 2022, 244 x 170 mm, 396 pp 9781108432627 | Paperback (also available as an eBook and Hardback)

9781108432627: Rose et al.: CVR: C M Y K

Cover image: Peace Palace, The Hague, The Netherlands. The Peace Palace houses the International Court of Justice and the Permanent Court of Arbitration, as well as the Hague Academy of International Law and the Peace Palace Library. The Peace Palace first opened its doors on 28 August, 1913. Ankor Light / Shutterstock.

Cover design: Andrew Ward

The Boundaries of Australian Property Law

An Introduction to Public International Law

Edited by Hossein Esmaeili, Flinders University Brendan Grigg, Flinders University

Cecily Rose, Leiden University Niels Blokker, Leiden University Daniëlla Dam-de Jong, Leiden University Simone van den Driest, Dutch Council of State Robert Heinsch, Leiden University Erik Koppe, Pels Rijcken Nico Schrijver, Dutch Council of State

The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book’s particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestley 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

Contents 1.

2.

3.

Property: concept, rationale, contexts The emergence of the Torrens System in Australia Fundamental concepts for Australian real property law: tenure, estates, possession and adverse possession 4. Torrens title: registered and unregistered interests 5. Boundaries of land, fixtures and ownership of minerals and resources: the search for certainty 6. Native title: history and conflict 7. Co-ownership: the interplay of common law, equity and the Torrens System 8. Strata title, community title and residential tenancies: changing how we live 9. Property, choice and obligation: the Australian law of leases and licences 10. The power of subsidiary interests in land to shape our world: the Australian law of easements 11. Restrictive covenants and the Torrens System 12. The Torrens System mortgage: mortgagor protection under the common law, in equity and under statute.

Written for students working in a range of disciplines, this textbook provides an accessible, balanced, and nuanced introduction to public international law. It emphasises basic concepts while acknowledging the complexities of the field and provides numerous, clear examples of how the law applies in practice.

Contents Foreword Preface 1. Introduction Part I. The Foundations of Public International Law 2. Sources of international law 3. Subjects, statehood and self-determination 4. Law of treaties 5. Law of state responsibility 6. Jurisdiction 7. Immunities 8. International organizations 9. International dispute settlement Part II. The Branches of Public International Law 10. International human rights law 11. Law on the use of force 12. International humanitarian law 13. International criminal law 14. International economic law 15. Law of the sea 16. International environmental law.

Request an inspection copy

Request an inspection copy

www.cambridge.org/academic

49

gG

s

s

oadable

Forthcoming Title

Public International Law

TEACHING SECONDARY GEOGRAPHY

S

Public International Law

Public International Law

Crawford Pert Saul

material

ors or each

MCINERNEY ET. AL.

TEACHING SECONDARY GEOGRAPHY

NEW

Available April 2023 244 x 170 mm, (approx.) 600 pp 9781009232388 | Paperback (also available as an eBook) Edited by Emily Crawford, University of Sydney Alison Pert, University of Sydney Ben Saul, University of Sydney

MALCOLM MCINERNEY, JOHN BUTLER, SUSAN CALDIS, STEPHEN CRANBY, SUSANNE JONES, MICK LAW, ALARIC MAUDE, REBECCA NICHOLAS

2/5/21 10:52 pm

Contents

Public International Law provides a comprehensive and accessible text on international law that is both a Principles and a Cases and Materials book. It provides students with a self-contained text covering all the key areas of public international law while taking an expositive and analytical approach. Each topic is introduced with an overview of its context and historical background, before setting out the relevant law and analysing issues which are unsettled or the subject of differing views. This text aims to provide students with not only a thorough knowledge of the subject area, but also the ability to engage in critical analysis.

•

Contains both exposition and analysis of the law, and extracts from the primary sources of that law as well as other relevant materials

•

Explains each topic fully, in a clear and accessible way, with appropriate references to the relevant cases and materials

•

Includes a critical analysis of each topic, analysing the controversies and uncertainties

•

Covers the ‘core’ international law topics, but also the main specialised branches of international law

•

Incorporates references to cases, materials and state practice from Australia and the region.

Click to receive updates

50

Part A. Introduction 1. An overview of equity Part B. Equitable Remedies 2. An introduction to equitable remedies 3. Specific performance, injunctions and equitable damages 4. Monetary remedies in equity 5. Rescission, rectification and declaration 6. Bars to relief Part C. Equity, Contract and Property 7. Equity in contract law 8. Equitable proprietary interests 9. Equitable assignments Part D. Equitable Obligations 10. Fiduciary relationships and obligations 11. Participants in a breach of fiduciary obligation 12. Breach of confidence Part E. Express Trusts 13. The concept of the express trust 14. Certainty requirements in the law of trusts 15. Creating an express trust 16. Trusts for charitable and non-charitable purposes Part F. Performing the Trust 17. Trustees’ duties and powers 18. Investment of trust funds 19. Trustees’ rights and liabilities Part G. Breach of Trust 20. Breach of trust: Defences and remedies 21. Tracing Part H. Resulting and Constructive Trusts 22. Resulting trusts 23. Constructive trusts Part I. Terminating and varying trusts 24. Termination and variation of trusts.

www.cambridge.org/academic

INTERNATIONAL LAW

international r of learning, and Centre of htisaari Chair.

Third Edition

l Law,

anting to troversies

The international law on foreign investment has become an arena of deep contest between different interests. While investment protection remains the main interest, inflexible investment protection through compliance mechanisms like arbitration have met with considerable opposition. Such opposition was once confined to the developing nations. But with the rise of states like China and India and other smaller states with a capacity to invest overseas, developed states are seeking changes to the system they once created. New actors such as environmental and human rights lobbies also seek changes to the fragmented international law that hitherto has emphasised investment protection over other interests. Populism resents investment protection, due to the belief that it sends capital and with it jobs overseas. Climate change demands that restrictions are placed on the liberal regimes that see unrestricted flows of foreign investment. The solar energy cases against Spain and the possibility of claims following the Covid 19 pandemic have made the subject of great concern to governments and the public. A subject of low visibility is now moving to the centre stage.

Available Now 2020, 244 x 170 mm, 412 pp 9781108732826 | Paperback (also available as an eBook and Hardback)

The fifth edition of this book comes at a crucial time in the life of the subject. It analyses the changes that have and are taking place. This edition considers the new defences to liability, the changes in the balance between investment protection and the regulatory power of the state, the criticisms that have been made of the system and the responses to these criticisms. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah’s classic text captures leading trends and charts the possible course of future developments.

INTERNATIONAL

LAW

M. Sornarajah is C. J. Koh Professor at the Faculty of Law of the National University of Singapore and Visiting Professor at the Centre for Human Rights, London School of Economics.

The International Law on

Foreign Investment

The International Law on Foreign Investment Fifth Edition

of Jan Klabbers’ p between economic students to back to its first s it apply? mic rigour and nt students to s third edition ics of general

th the author’s ughness. tional law.”

Jan Klabbers

Public International Law

Sornarajah

nternational

Klabbers

the details ential book. e telling eadable,

Public International Law

Fifth Edition

M. Sornarajah

Available Now 2021, 244 x 170 mm, 696 pp 9781108730860 | Paperback (also available as an eBook)

Cover illustration:

Third Edition Designed by EMC Design Ltd

International Law Third edition

The International Law on Foreign Investment

Jan Klabbers, University of Helsinki

Fifth edition

International law can be defined as ‘the rules governing the legal relationship between nations and states’, but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject.

Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes references to new case-law and literature, and features brief discussions on recent topics of general interest, including Brexit and the worldwide outbreak of the Coronavirus.

M. Sornarajah, National University of Singapore

Contents Part I. The Structure of International Law 1. The setting of international law 2. The making of international law 3. The law of treaties 4. The subjects of international law 5. Jurisdiction, powers, and immunities 6. The individual in international law, including human rights 7. The law of responsibility 8. International courts and tribunals 9. Sanctions, countermeasures, and collective Security Part II. The Substance of International Law 10. Use of force 11. The law of armed conflict 12. International criminal law 13. The seas, the air, and outer space 14. Protecting the environment 15. The global economy Part III. The Surroundings of International Law 16. Domestic courts and their relationship with international law 17. The politics and ethics of international law and global governance 18. By way of conclusion.

The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah’s classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments.

It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Contents 1.

2.

3.

4.

Introduction The shaping factors Controls by the host state The liability of multinational corporations and home state measures 5. Bilateral investment treaties 6. Multilateral and regional instruments on foreign investment 7. Settlement of investment disputes: contract-based arbitration 8. Treaty-based investment arbitration: jurisdictional issues 9. Causes of action: breaches of treatment standards 10. The taking of foreign property 11. Compensation for nationalisation of foreign investments 12. Defences to responsibility and beyond.

Request an inspection copy

Request an inspection copy

www.cambridge.org/academic

51

Introduction Public International Law

Leadership Public International Law

‘This book offers a clear and concise account of the key rules and principles which underpin the modern law of the sea, and will provide an excellent starting point for anyone wishing to get an up-to-date overview of this fascinating subject.’

Tullio Scovazzi, University of Milano–Bicocca This new edition has been fully revised to include up-to-date coverage of essential issues of the international law of the sea. Covering a number of new and important issues, such as the headline debate of migrant movement across the seas, and the definition of islands in light of the South China Sea Arbitration, it also includes chapters on conservation of marine living resources and biological diversity, protection of the marine environment, and international peace and security at sea, as well as building further on such topics as the impact of climate change on the oceans. A precise and readable book, with many figures and tables, The International Law of the Sea continues to be the best choice for students wanting to understand the law of the sea.

Ninth Edition

Malcolm N. Shaw 9781108440103: Tanaka: Cover: C M Y K

Available Now 2021, 244 x 170 mm, 1308 pp 9781108733052 | Paperback (also available as an eBook and Hardback) Yoshifumi Tanaka is Professor of International Law with Specific Focus on the Law of the Sea at the Faculty of Law, University of Copenhagen.

He is the single author of five books: Predictability and Flexibility in the Law of Maritime Delimitation (2006; 2nd edition, 2019), A Dual Approach to Ocean Governance (2008), The International Law of the Sea (2012; 2nd edition, 2015), The Peaceful Settlement of International Disputes (Cambridge University Press, 2018) and The South China Sea Arbitration (2019). He has published widely in the fields of the law of the sea, international environmental law and peaceful settlement of international disputes.

The International Law of the Sea

LAW

James Harrison, University of Edinburgh ‘This “classical” handbook of the international law of the sea confirms that it is possible to elaborate in a clear style and with coherent logic on a complex legal picture.’

Tanaka

International

Yoshifumi Tanaka

The

International Law of the Sea Third Edition

Third Edition

Available Now 2019, 247 x 174 mm, 584 pp 9781108440103 | Paperback (also available as an eBook and Hardback)

Cover image: Morten Falch Sortland / Moment / Getty.

Cover design: Andrew Ward.

International Law

The International Law of the Sea

Ninth edition

Third edition

Malcolm N. Shaw, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge , International Law has long been established as a leading authority in the , field, offering an unbeatable combination of clarity of expression and , , academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and case-law, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated and has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.

Yoshifumi Tanaka, University of Copenhagen

Contents Preface to the ninth edition 1. The nature and development of international law 2. International law today 3. Sources 4. International law and municipal law 5. The subjects of international law 6. The international protection of human rights 7. Individual criminal responsibility in international law 8. Recognition 9. Territory 10. The law of the sea 11. Jurisdiction 12. Immunities from jurisdiction 13. State responsibility 14. International environment law 15. The law of treaties 16. State succession 17. The settlement of disputes by peaceful means 18. The International Court of Justice 19. International law and the use of force by states 20. International humanitarian law 21. The United Nations 22. International organisations.

This new edition has been fully revised to include up-to-date coverage of essential issues of the international law of the sea.

Covering a number of new and important issues, such as the headline debate of migrant movement across the seas, and the definition of islands in light of the South China Sea Arbitration, it also includes chapters on conservation of marine living resources and biological diversity, protection of the marine environment, and international peace and security at sea, as well as building further on such topics as the impact of climate change on the oceans.

A precise and readable book, with many figures and tables, The International Law of the Sea continues to be the best choice for students wanting to understand the law of the sea.

Contents Part I. The Divided Oceans: International Law Governing Jurisdictional Zones 1. The law of the sea in perspective 2. Baselines and related issues 3. Marine spaces under national jurisdiction I: territorial sovereignty 4. Marine spaces under national jurisdiction II: sovereign rights 5. Marine spaces beyond national jurisdiction 6. Maritime delimitation Part II. Our Common Ocean: Protection of Community Interests at Sea 7. Conservation of marine living resources 8. Protection of the marine environment 9. Conservation of marine biological diversity 10. Marine scientific research 11. Maintenance of international peace and security at sea 12. Land-locked and geographically disadvantaged states 13. Peaceful settlement of international disputes 14. Looking ahead.

Request an inspection copy

Request an inspection copy

52

www.cambridge.org/academic

Public International Law

International Law Cases and Materials with Australian Perspectives spine tbc

Third edition

Rothwell Kaye Akhtar-Khavari Davis Saunders

International Law Third Edition

Available Now 2018, 247 x 174 mm, 874 pp 9781108445450 | Paperback (also available as an eBook) Donald R Rothwell, Australian National University Stuart Kaye, University of Wollongong Afshin Akhtar-Khavari, Queensland University of Technology Ruth Davis, University of Wollongong Imogen Saunders, Australian National University

Now in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, International Law is an essential resource for students.

•

Balances coverage of international law as applied globally, with Australian perspectives

•

A single text covering principles and cases with a good balance between commentary and well-curated case extracts

•

Substantially rewritten, refreshed and modified to reflect recent developments and practice with a new chapter on international trade law and new content on international humanitarian law.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

The nature of international law Sources of international law Law of treaties International and municipal law International legal personality Sovereignty over territory Jurisdiction State responsibility Human rights Law of the sea International environmental law International trade law Use of force Enforcement of international law The peaceful settlement of international disputes.

Request an inspection copy

www.cambridge.org/academic

53

Statutory Law

Modern Statutory Interpretation Framework, Principles and Practice

NEW

MODERN

STATUTORY

INTERPRETATION

MODERN

STATUTORY

INTERPRETATION FRAMEWORK, PRINCIPLES AND PRACTICE

Available October 2022 247 x 174 mm, (approx.) 750 pp 9781108816021 | Paperback (also available as an eBook)

BARNES, DHARMANANADA & MORAN

Jeffrey Barnes, La Trobe University Jacinta Dharmananda, University of Western Australia Eamonn Moran

JEFFREY BARNES, JACINTA DHARMANANDA AND EAMONN MORAN

Contents

Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation.

Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts. Parts I– III introduce foundational matters, parts IV–VII deal with the general principles of interpretation, and part VIII examines special interpretative issues.

Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers and students undertaking advanced courses in statutory interpretation in Australia.

Request an inspection copy

54

Part I: Background 1. The nature of statutory interpretation 2. A modern history of key concepts 3. Constitutional context Part II: The Framework of Statutory Interpretation 4. Legislative intent 5. The judicial duty to be independent 6. Text-based interpretation 7. Context 8. Purpose 9. Practical techniques Part III: Working with Legislation: Broader Skills and Knowledge 10. Legislative drafting 11. Enactment procedure 12. Commencement 13. Structure and components of an Act 14. Problem analysis: sources of doubt Part IV: The Provision and the Act as a Whole 15. The language of the provision 16. The effect of drafting styles 17. Special categories of legislation: the interpretation of remedial, penal and revenue provisions 18. Linguistic canons 19. The ‘always speaking’ approach 20. The scheme and components of an Act Part V: Legislative History 21. Legislative antecedents (evolution), including subsequent amending Acts 22. Pre-existing common law 23. Background facts and circumstances 24. Extrinsic materials – Pre-parliamentary and parliamentary materials

www.cambridge.org/academic

Part VI: Interpretation Acts and other Acts of General Application 25. Interpretation Acts 26. Other Acts of general application Part VII: The Wider Context 27. Consequences 28. The principle of Legality 29. Use of the statute book and legislation of other jurisdictions 30. Use of precedent 31. International treaties and materials 32. Other common law presumptions and aids 33. Inadmissible considerations Part VIII: Special Interpretive Issues 34. Remedial constructions for drafting errors 35. Provisions in apparent conflict 36. Statutory powers and their characterisation: discretion or duty?

37. The effect of non-compliance with a statutory requirement 38. Statutory reasonableness 39. Presumption against retrospective operation 40. Presumption against application to government and other Crown entities 41. Presumption against extraterritorial operation 42. Mental ingredient of statutory offences 43. Delegated legislation Glossary.

Taxation Law

2022

2022

FOUNDATIONS OF TAXATION LAW 14TH EDITION

Core Taxation Legislation and Study Guide 2022 is a reference text for tertiary students undertaking tax subjects in law and business schools. It provides well curated extracts of legislation as well as highly useful guidance on study skills for students.

Part 1: The Study Guide is designed to assist students to prepare for a tertiary taxation course and conduct basic taxation research. It refers to key reference material, including useful websites and electronic research tools, and includes useful tips on:

Available Now 2022, 244 x 170 mm, 1324 pp 9781009154437 | Paperback (also available as an eBook) • • • •

study techniques researching a tax problem essay writing and presentation answering taxation law exam questions.

It also contains a style guide that sets out how to cite legislation, cases, articles, rulings and reports for assignments.

Part 2: The Core Tax Legislation comprises selected extracts from relevant pieces of income tax, goods and services tax, fringe benefits tax, international tax, superannuation and related legislation and regulations. The compilation includes the main provisions that are studied in most tertiary taxation subjects. This part is designed to bring together the core provisions in one user-friendly and convenient text.

14TH EDITION

14TH EDITION

CORE TAX LEGISLATION AND STUDY GUIDE

FOUNDATIONS OF TAXATION LAW

STEPHEN BARKOCZY

2022

2022 STEPHEN BARKOCZY

CORE TAX LEGISLATION AND STUDY GUIDE 25TH EDITION

25TH EDITION

An invaluable and essential resource, this text allows students to access the parts of the legislation they will need for a taxation law course in a time-saving and user-friendly way.

Stephen Barkoczy is a Professor in the Faculty of Law at Monash University.

BARKOCZY

BARKOCZY

Core Taxation Legislation and Study Guide 2022 is designed to be used in conjunction with Foundations of Taxation Law 2022.

Available Now 2022, 244 x 170 mm, 1600 pp 9781009154260 | Paperback (also available as an eBook)

Cover image: © Getty Images/oxygen

Foundations of Taxation Law 2022 Fourteenth edition

Core Tax Legislation and Study Guide 2022

Stephen Barkoczy, Monash University

Twenty-fifth edition

Foundations of Taxation Law provides a clear and comprehensive introduction to the policy, principles and practice underpinning the Australian taxation system. Designed as an introductory guide for law and business students as well as tax practitioners, the text focuses on general principles, blending policy issues, taxation theory, technical ‘black letter law’ and commercial practice into a succinct, principled text.

Stephen Barkoczy, Monash University

The text includes approximately 400 examples and dozens of diagrams and tables that condense the law and clarify difficult concepts. This edition has been substantially revised and restructured to take account of many important legislative reforms, case law developments, administrative changes and policy announcements. It is designed to be used in conjunction with the Core Tax Legislation and Study Guide 2022.

Contents Part A. Introduction to Taxation and Australia’s Tax System Part B. Goods and Services Tax Part C. Income Tax Part D. General Jurisdictional Rules Part E. Income Part F. Deductions Part G. Asset Taxation Rules Part H. Fringe Benefits, Superannuation, and Employment Part I. Entities Part J. Tax Losses Part K. Tax Incentives and Reliefs Part L. Financial Transactions Part M. International Transactions Part N. Tax Avoidance Part O. Tax Administration Request an inspection copy

Core Tax Legislation and Study Guide is a reference text for students undertaking tax subjects. It provides curated extracts of legislation as well as useful guidance on study skills. Part 1: The Study Guide assists students to prepare for a tertiary taxation course and conduct basic taxation research. It refers to key reference material, including websites and research tools, and includes useful tips on study techniques, researching a tax problem, essay writing and presentation, answering taxation law exam questions and how to cite legislation, cases, articles, rulings and reports for assignments.

Part 2: Core Tax Legislation comprises selected extracts from relevant sections of taxation legislation and regulations. An essential resource, this text allows students to access the parts of the legislation they will need for a taxation law course in a time-saving and user-friendly way. Core Tax Legislation and Study Guide 2022 is designed to be used in conjunction with Foundations of Taxation Law 2022.

Contents Part 1. Study Guide Part 2. Core Tax Legislation Part 2A. Income Tax Assessment Act 1997 Part 2B. Income Tax Assessment Act 1936 Part 2C. International income tax provisions Part 2D. Income tax rates and levies provisions Part 2E. Income tax regulations and transitional provisions Part 2F. Goods and services tax provisions Part 2G. Fringe benefits tax provisions Part 2H. Superannuation provisions Part 2I. Constitutional, adminstrative and other provisions.

Request an inspection copy View the complete table of contents

www.cambridge.org/academic

55

Technology Law

Technology Law Australian and International Perspectives

TECHNOLOGY L AW SMITH & URBAS

TECHNOLOGY L AW

AUSTRALIAN & INTERNATIONAL PERSPECTIVES MARCUS SMITH GREGOR URBAS

Available Now 2021, 247 x 174 mm, 396 pp 9781108816014 | Paperback (also available as an eBook) Marcus Smith, Charles Sturt University Gregor Urbas, Australian National University

The regulation of technology is an important and topical area of law, relevant to almost all aspects of society. Technology Law: Australian and International Perspectives presents a thorough exploration of the new legal challenges created by evolving technologies, from the use of facial recognition technology in criminal investigations to the rise and regulation of cryptocurrencies. A well-written and fascinating introduction to technology law in Australia and internationally, Technology Law provides thorough coverage of the theoretical perspectives, legislation, cases and developing issues where technology and the law interact. The text covers data protection and privacy, healthcare technology, criminal justice technology, commercial transactions, cybercrime, social media and intellectual property, and canvasses the future of technology and technology law. Written by leading experts in the field, Technology Law is an excellent resource for law students and legal professionals with an interest in the area.

•

Comprehensive coverage of topics with contemporary examples

•

Discussion of policy

•

High level account of the law in Australia with international perspectives.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Introduction to technology law Technology, regulation and theory Privacy and data protection Law, technology and healthcare Law, technology and commercial transactions Law, technology and the criminal justice system Cybercrime Social media and communications Intellectual property International investigation and enforcement Future directions in technology law.

Request an inspection copy

56

www.cambridge.org/academic

Tort Law

Contemporary Australian Tort Law Spine width 35.39 mm

Kyriakakis, Popa, Rochford, Szablewska, Zhao, Taliadoros, O’Donovan and Bautista

CONTEMPORARY AUSTRALIAN TORT LAW

Inclu b des enhoanus ce eBon ok d

CONTEMPORARY AUSTRALIAN TORT LAW Kyriakakis, Popa, Rochford, Szablewska, Zhao, Taliadoros, O’Donovan and Bautista

Available Now 2019, 247 x 174 mm, 666 pp 9781108626255 | Paperback (also available as an eBook) Joanna Kyriakakis, Monash University Tina Popa, Royal Melbourne Institute of Technology Francine Rochford, La Trobe University Natalia Szablewska, Southern Cross University Xiaobo Zhao, University of Southern Queensland Jason Taliadoros, Deakin University Darren O’Donovan, La Trobe University Lowell Bautista, University of Wollongong

Contemporary Australian Tort Law is an engaging, accessible and student-friendly introduction to the law of torts in Australia. This unique text covers the foundational topics of tort law in a logical structure, covering duty of care, breaches, negligence, damages and defences, and also branching into higher-level topics such as defamation and offences in public office. Each chapter is supported by tools for self-assessment and self-reflection: review questions at the end of each subheading; case boxes that delve into important historical cases; multiple-choice questions and longer, narrative problems that challenge students to apply the principles they’ve learnt in the chapter to ‘real world’ scenarios. This print and eBook combination is an indispensable resource for law students taking their first course in tort law.

•

Includes a clear overview of different torts and key legal principles

•

Principles text with a good range of cases with commentary in the text, hyperlinked to cases and legislation in the ebook

•

Presents a print and eBook combination with a multitude of supporting pedagogy for practical skills development.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Introduction to the law of torts Duty of care Breach of duty of care Damage: factual causation and scope of liability Defences to negligence Trespass to the person Trespass to land and trespass to personal property Defences to and remedies for trespass Nuisance Vicarious liability and non-delegable duty Defamation Remedies Torts arising from statutory duties and powers.

Request an inspection copy

www.cambridge.org/academic

57

Transnational Law

Transnational Law A Framework for Analysis

DOWDLE

NEW

TRANSNATIONAL LAW

TRANSNATIONAL LAW A Framework for Analysis

Available August 2022 244 x 170 mm, 750 pp 9781108405959 | Paperback (also available as an eBook and Hardback) Michael W. Dowdle, National University of Singapore

MICHAEL W. DOWDLE

Globalisation impacts every aspect of modern society and today’s law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena.

It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are the practical and normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

Subject, method, and organization Bases of regulatory legitimacy Regulatory activities Governance Enforcement and non-compliance States as transnational legal actors Legal pluralism Transnational legal practice.

This title is also available as Open Access on Cambridge Core.

•

Available as Open Access on Cambridge Core, this book provides a comprehensive framework for evaluating the practical and normative implications of transnational legal structures, practices, and activities

•

Draws on case studies from a diverse range of disciplines and jurisdictions, allowing readers to evaluate transnational legal phenomena from several perspectives

•

Adopts a discursive approach to the material, encouraging students to form their own conclusions.

Request an inspection copy

58

www.cambridge.org/academic

VitalSource eBooks by Cambridge University Press are interactive, digital versions of your textbooks that are available on any device for download or using the VitalSource Bookshelf. VitalSource comes free with selected textbooks, please see our website for specific VitalSource titles.

These are some of the features VitalSource has to offer:

Interactive Questions For a diverse and engaging learning experience students can quiz themselves with in-text questions. Long and short answer questions encourage students to test their knowledge and apply their skills.

Built-in Videos In-text engaging and informative videos diversify the learning experience and provide expert contributions on topics.

Pop-up Definitions Readers can click on key terminology to display definitions and further explanations. This provides a more comprehensive learning experience and ensures understanding of important concepts.

Links to Additional Resources In-text additional readings and resources link to supplementary material. These are also great sources for essay and assignment references.

Note Taking Students can easily highlight and make notes in the interactive eBook. These notes can be shared between students or migrated to a OneNote document for exam preparation.

Textbook Purchase Options Print and digital formats available for all local Cambridge textbooks

Cambridge University Press print textbooks and eTextbooks are available through a range of retailers and our own platforms.

Below are the primary ways institutions and students may gain access:

PRINT Your students can purchase a physical textbook: • • • •

Online at www.cambridge.org From your campus bookstore By calling or emailing Cambridge Customer Service From various online retailers, including: Booktopia (www.booktopia.com.au) Zookal (www.zookal.com.au) The Nile (www.thenile.com.au) Fishpond (www.fishpond.com.au) Amazon (www.amazon.com.au)

DIGITAL Your students can purchase an eTextbook: •

From various online retailers, including: eBooks (www.eBooks.com) VitalSource (www.vitalsource.com) Amazon Kindle (www.amazon.com.au)

Institutional Licensing Institutions may purchase eTextbooks for student access through the following subscription models: • Unlimited concurrent user access subscription (via Cambridge Core or Higher Education) • Limited concurrent user access subscription (via VitalSource Bridge) For more information about institutional licenses, please contact: academicmarketing@cambridge.org.

LMS Integrations VitalSource and Kortext integrate directly with your learning management system such as Blackboard, Moodle, Canvas and many others, via single sign-on access. This enables the provisioning of eTextbooks directly to students in a seamless workflow, with options to embed the textbook within online course delivery. eTextbook purchase options are either student-pays or institution-pays. Once linked, lecturers may view usage statistics and detailed reporting on their students’ reading activity.

Cambridge University Press is a leading textbook publisher, delivering high-quality teaching materials and learning solutions that inspire students to achieve.

We publish textbooks by world-class authors for undergraduate and postgraduate students. Our textbooks provide students and lecturers with authoritative and stimulating materials that are relevant to real-world issues.

Linguistics Catalogue

Lecturers, contact us to request your inspection copy

2022 - 2023

If you teach a relevant course and are considering using one of our textbooks as a set text then you can request a free inspection copy.* Order online or contact us to make a request:

Online:

www.cambridge.org/academic

Email:

academicmarketing@cambridge.org

Phone:

(03) 8671 1400 * Subject to course and title requirements

Sales Representative Contact Information VIC, TAS & SA Michael Shaw Email: michael.shaw@cambridge.org Tel: (Mobile) 0439 273 850

QLD, NT & NZ Nicole Mottlee Email: nicole.mottlee@cambridge.org Tel: (Mobile) 0437 389 810

NSW, ACT & WA Narelle Macdonald Email: narelle.macdonald@cambridge.org Tel: (Mobile) 0448 668 040

Publish with us We encourage you to contact one of our dedicated higher education publishers to discuss your ideas and needs for textbooks in law.

Get in touch with our publishers at academicpublishinganz@cambridge.org.

Like us on Facebook: https://www.facebook.com/CambridgeUniversityPressAcademic/

Subscribe to our YouTube channel: www.youtube.com/cambridgeUPAcPro

ABN 28 508 204 178

ARBN 007 507 584